The BC Government is set to create a Civil Resolution Tribunal Amendment Act for “minor” injuries, as early as this week. Every British Columbian should be extremely concerned. Why? The term “minor” is very misleading. The Government’s real intention is to expand its powers and reduce costs paid out to personal injury victims. Beneficial to ICBC, but at tremendous cost to all accident victims. To accomplish this huge cash saving, the Government is intending to put a cap on what it deems to be “minor” injuries. The alarm is that it’s intending to sweep some very serious and disabling injuries under this term. Disturbing examples:
• Chronic Depression
• Post Traumatic Stress Disorder
• Conversion Disorders
• Chronic Pain Syndromes
• Chronic Physical Injuries
• Disabling Physical Injuries
• All Psychological “Conditions”
• All Psychiatric “Conditions”
Anyone who has ever had the misfortune of experiencing any of these debilitating conditions knows they are anything but minor. Symptoms can last for years, sometimes for life; thus the word “chronic”. This proposed Act also takes away the rights of those injured by careless drivers to go to Court. Instead, injured victims must go to a Tribunal, in most cases alone, that will confirm if their injuries are “minor.”
The Government admits that its purpose here is to create an unfair landscape. It expressly states that it wants to restrict the hiring of lawyers. The hope is that its minimal monetary cap will simply make it not worth while to hire a lawyer. Who loses? Injured victims, of course. Not only will their injuries be unfairly classified as “minor,” and their compensation severely capped, but injured victims will effectively be denied legal representation.
And who’s the “specialist” you must face at their Tribunal? Is it a qualified medical practitioner? Incredulously, it’s another ICBC adjuster! In its wisdom, the Government says all ICBC adjusters are “specialists” in determining the value of a claim. Really? ICBC adjusters, labelled “specialists” or not, work for ICBC. Their duty is to their employer, not to the insured. Its their job is to keep all claims to a minimum.
With lawyers out of the way, how would injured victims ever know what their claim is truly worth, and how would they ever have the ability to receive fair compensation? Exactly the Government’s point! Its purpose in this new law is to reduce accident victims’ rights to fair compensation.
So, let’s get this straight. If you disagree with your ICBC adjuster that your injures are only minor; and you don’t agree with how low the adjuster is setting your claim, your only recourse is to face another ICBC adjuster, alone and without legal representation? What are your chances? Is that a fair and equitable system?
Let’s all voice our grave concerns and prevent our rights from being taken away. Start now by contacting your MLA immediately to quash this very unfair Tribunal Amendment Act.
Einfeld Law is a highly knowledgeable and experienced civil litigation law firm with a primary focus on personal injury. We deal with motor vehicle accidents, motorcycle accidents, and other negligence claims involving bodily injury. We do not represent ICBC or any insurance companies. We have successfully litigated many ICBC and other insurance claims, including out of province, wrongful death, brain injury, spinal cord injury, whiplash, soft tissue injury, and all other bodily injury claims. We have collected millions of dollars on behalf of our clients. We never act for ICBC or other insurance companies. Your ICBC adjuster works for ICBC. We work for you.
Don’t settle for less. Contact us for a free, initial consultation.
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