Firefighters and paramedics respond to a crash in Nanaimo. (Nanaimo News Bulletin photo)

Advocates, lawyers say ICBC minor injury caps could hit victims at their weakest

Attorney General says that caps could save ICBC $1 billion a year

Legal experts and disability activists alike are worried about the toll minor injury caps could take on vehicle collision victims in the province.

Ronald Nairne, of Burnaby’s Giusti Nairne law firm, takes issue with the victim of a car crash being treated differently than someone hurt in any other accident.

“Simply because I’m in a car, my damages are being limited,” said Nairne, who’s part of R.O.A.D. BC, a coalition of British Columbians who are committed to protecting the rights of anyone who becomes injured on our roads and ensuring accountability for ICBC.

He pointed out scenarios in which he’d have more options for redress if he wasn’t in a vehicle.

“If I go onto my neighbours property and there is a gigantic hole in (sic) the property that’s unsafe and I step in that hole and twist my ankle, fall down and hurt my back and sue my neighbour… the judge says that was unsafe, the neighbour’s responsible for that and you have a minor injury, I’m going to award you $25,000,” said Nairne.

“If I get that same exact injury, but I get injured in a rear-end accident, I’m only going to be eligible for $5,500.”

The province introduced the idea of minor injury caps for ICBC in February, as a way to cool the financial “dumpster fire” of the provincial auto-insurer and stem its losses, which the province said would amount to $1.3 billion this year.

Attorney General David Eby said that the caps are supposed to save ICBC a much-needed $1 billion a year as annual injury claims have risen from $3 billion in 2014 to almost $4 billion in 2017.

The province defines a “minor injury” as an abrasion, contusion, laceration, a pain syndrome or a psychological or psychiatric condition that does not result in a serious impairment or a permanent serious disfigurement of the claimant.

An Attorney General spokesperson said that all conditions, from “cuts to psychological and psychiatric conditions resulting from a collision can vary in impact, from minor to severe” and that each would be assessed on a case-by-case basis.

READ MORE: ICBC rates could go up 30 per cent by 2019: report

But the CEO of the People in Pain Network explained capping minor injury costs only takes advantage of people when they’re at their weakest.

“I just worry about the fact that people can look really well and be really suffering.

“I just think that there’s going to be a lot of people caught in no-man’s land,” said Devine.

The People in Pain Network works with people who have chronic pain and Devine said that’s the group she’s most worried about with the new rules.

The province defines a minor injury as an abrasion, contusion, laceration, a pain syndrome or a psychological or psychiatric condition that does not result in a serious impairment or a permanent serious disfigurement of the claimant.

“People have a lot of trouble now getting doctors to believe that they chronic pain, never mind if you add a complication to the situation and make it more difficult for people to get the help that they need,” said Devine.

She’s worried that minor injuries could grow into major conditions.

However, a ministry spokesperson said that “at any point during recovery, a medical professional can determine if an injury diagnosis, including a mental health injury due to a collision, has changed and should no longer be considered minor.”

While Devine agrees that’s a good step, she wonders how it would turn out in reality.

“If they decide that this is a minor injury and it turns out not to be, the hoops and the process that they have to go through to get it reclassified is in a lot of cases really overwhelming for people,” she said.

“Or it would be denied and denied and denied and years go by and the window to improve their condition is lost.”

An Attorney General spokesperson said that collision related victims can challenge ICBC’s decision “at the independent Civil Resolution Tribunal and have the matter resolved in months, not years.”


@katslepian

katya.slepian@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Just Posted

Retail development Sidney Crossing cancelled due to construction costs

Cost-sharing agreement couldn’t be reached for required pedestrian bridge

Fog in Victoria affects at least four airlines

Oct. 23 is the fourth day in last week fog has cancelled flights

PHOTOS: Bear fishes for salmon in Goldstream Park

Each fall thousands of vistors head to the park to watch the annual salmon spawn

Video shows break-in at Saanich underground parking lot

Saanich Police are looking for two men caught on camera Monday night

B.C. sailor surprised by humpback whale playing under her boat

Jodi Klahm-Kozicki said the experience was ‘magical’ near Denman Island

Around the BCHL: Chilliwack Chiefs snag spot in CJHL national rankings

Around the BCHL is a look at what’s happening in the BCHL and the junior A world.

Rural regions get priority for B.C. referendum mail-out

Ballot security measures aim to protect against voter fraud

B.C.’s natural gas supply could see 50% dip through winter due to pipeline blast

It’s been two weeks since the Enbridge pipeline ruptured near Prince George on Oct. 9, sparking a large fireball

Mega Millions, Powerball prizes come down to math, long odds

Biggest myth: The advertised $1.6 billion Mega Millions prize and $620 million Powerball prize aren’t quite real

2 Canadians advance to finals at world wrestling championships

Olympic champion Erica Wiebe just missed joining them with a loss 3-1 to three-time world champion Adeline Gray of the United States in the 76-kg event

VIDEO: Fire destroys historic small-town B.C. restaurant

Two people were injured as fire ripped through the Hedley restaurant around 2:30 a.m. Tuesday

B.C. town’s mayoral race a tie, come down to luck of the draw

Harry Gough led incumbent Cindy Fortin by one vote on election night Saturday

Outdoor retailer MEC vows to boost diversity after online complaint

Mountain Equipment Co-op was criticized for perpetuating a white-only picture of the outdoors

Most Read