(File)

Trial lawyers’ group challenges ICBC over injury payouts, disputes resolution

Trial Lawyers Association of BC plans to launch a constitutional challenge

A legal battle is shaping up in B.C. with the trial lawyers association promising to fight a move by the government-run auto insurer to overhaul claims payments and how it resolves disputes.

Effective immediately, ICBC has set a $5,500 cap on pain and suffering payments for minor injuries, which the Crown corporation describes as payments “recognizing the inconvenience and emotional distress of being in a crash.”

READ MORE: Would-be drivers caught cheating on ICBC licence test

The corporation is also sending all disagreements about how minor injuries are determined, or disputes about any injury claim below $50,000 to a civil resolution tribunal.

On its website, the corporation says the tribunal can be used without the need for legal representation, but the Trial Lawyers Association of British Columbia has warned the government that it intends to launch a constitutional challenge.

The association says the revisions have the potential to unfairly cut compensation for crash victims.

Association president Ron Nairne says in a statement that the new process could also restrict access to the courts, denying claimants of a basic human right guaranteed by the Charter of Rights.

“The approach this government has taken to legislative and regulatory changes to address ICBC’s mismanagement problems violates the rights of British Columbians. This should be about protecting the public interest – not about protecting ICBC,” Nairne says.

Attorney General David Eby said Friday that word of the constitutional challenge was not unexpected.

“They believe that you can only resolve disputes appropriately through B.C. Supreme Court. We don’t, obviously, agree with their interpretation of the law,” he said.

Changes to insurance corporation payments and procedures were announced last year, shortly after Eby referred to the insurer as a “financial dumpster fire.”

The latest fiscal year ended March 31 and the corporation announced in February that its projected deficit was $1.18 billion, on top of the $1.3 billion loss posted over the 2017/18 fiscal year.

With the April 1 cap on pain and suffering payouts for minor injury claims, B.C. becomes the final province in Canada to limit the payments.

The corporation has said the change is expected to save it more than $1 billion annually.

(News1130, The Canadian Press)

The Canadian Press

Like us on Facebook and follow us on Twitter

Just Posted

Terrace’s first licensed marijuana store opens

KJ’s Best Cannabis will sell cannabis, pre-rolled joints and oils for customers

First rugby pitch in northern B.C. opens in Terrace

The Northmen Rugby Club held the ribbon-cutting celebration

B.C. Maxim Cover Girl semi-finalist victorious despite second-place finish

Brandi Hansen says her main goal was to spread an empowering message to others

Music that celebrates the Skeena landscape premieres in Terrace

“Skeena Suite” was dedicated to and conducted by retiring music teacher Geoff Parr

ValhallaFest readies for second annual weekend event

Number of festival-goers expected to double

VIDEO: Acknowledging skeptics, finance minister vows to build Trans Mountain project

Bill Morneau said he recognizes ‘huge amount of anxiety’ in Calgary over future of oil and gas sector

Shovels could be in the ground on Trans Mountain by September, CEO says

Ian Anderson points to weeks likely required for NEB to reinstate 2016 regulatory record

Scorpion gives birth after hitching ride in B.C. woman’s luggage

A Vancouver woman inadvertently brought the animal home from a trip to Cuba

B.C. man faces deportation over father’s honour-killing conviction

Father lied to immigration, was later acquitted of charges in Jassi Sidhu’s murder

RCMP allows officers to grow beards

Members can now wear beards and goatees, as long as they’re neatly groomed

Girl, 10, poisoned by carbon monoxide at B.C. campsite could soon return home

Lucille Beaurain died and daughter Micaela Walton, 10, was rushed to B.C. Children’s Hospital on May 18

30 years later: B.C. woman uses sidewalk chalk to reclaim site of her sexual assault

Vancouver woman didn’t think her powerful story, written in chalk, would ignite such support

Slain friend motivates rookie football player to make it with hometown B.C. Lions

Jaylen Sandhu, stabbed to death in 2014, a source of inspiration for promising RB Jamel Lyles

Home care for B.C.’s elderly is too expensive and falls short: watchdog

Report says seniors must pay $8,800 a year for daily visits under provincial home support program

Most Read