Major ICBC savings? Not what people think.

Until No-Fault, an impartial judge would consider the pain and suffering faced by an injured person, compare that information to other similar cases and injuries, and award damages (money) to ensure that person is compensated. The maximum amount paid for pain and suffering is around $390,000. Under the new No-Fault law, an injury victim will only be entitled to compensation if their injuries are considered by ICBC – not an independent judge – to be a “permanent impairment.” The maximum is reduced to $264,430 and is payable only if ICBC determines the injuries to be “catastrophic.”

“Catastrophic” injuries are defined in a very complex manner under the new No-Fault regulation. Being paralyzed is not enough. Paralysis will only be deemed “catastrophic” if it is quadriplegia or paraplegia, classified as Grade A or B on an impairment scale, and reaches ICBC’s permanent impairment rating of 65%. For a child with a brain injury, their injury would only qualify as “catastrophic” if their brain functions are impacted by more than 50%. Despite these injuries being life-altering and requiring expensive lifelong support at any level of severity, the child’s family may not qualify for “catastrophic” injury compensation. Again, the ICBC adjuster gets to decide if this child’s injury is “catastrophic”.

ICBC will use the government’s own mathematical formula to add together the percentages of brain injury and paralysis to determine how many dollars a victim may receive.

CKPG reached out to ICBC for comment and they haven’t responded yet with further information.

If you are wanting to voice your concern over this matter or any ICBC issues. You are encouraged to write a letter to your local MLA.

With Files from the Trial Lawyers Association of BC.

by Randi-Marie Adams

Major ICBC savings? Not what people think.

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