WHAT IS A CAP?

An injury cap sets a maximum amount of compensation and treatment that can be provided to an individual who has been injured in a motor vehicle collision based on damage to a particular part of the body or a particular assessed condition.  For example, under this system, anyone with a “minor injury” such as soft-tissue damage in their neck would be likely to receive the exact same amount of compensation and treatment, regardless of their personal circumstances or their individual extent of pain and suffering.

Why Say No To Injury Caps in BC?

  • Injury caps punish those injured in road collisions because injury caps do not take into consideration the fact that every person is unique.
  • Under a caps system, ICBC will treat each injury claim as a number. In actual fact, every person, and their individual situation is unique.  Often it is not until months or years after an accident that the true extent of pain, suffering, and/or long-term impairment is clear.
  • Injury caps disproportionately affect individuals with lower incomes. Challenging a claim under a cap system would cost much more than under the current system, resulting in a scenario where justice may be out of reach for many British Columbians.
  • Bringing in an injury cap system will only serve to harm vulnerable British Columbians while protecting bad drivers – some of whom shouldn’t even be on the road. Rather than strip away the rights of road users, we should focus on collision prevention and education so that there are fewer injuries on BC’s roads!
  • If ICBC moves forward with its plans to put a cap on “minor injuries”, and you dispute that cap, your only recourse will be to appeal ICBC’s decision to a government tribunal – the Civil Resolution Tribunal.

 

What is the impact of the Civil Resolution Tribunal on rates and rights?

Here’s what we think:

  1. It will take longer and cost more.
  2. The system will be stacked against those injured in auto collisions.
  3. It is simply an extension of ICBC’s historical mismanagement.

Why? Here’s what we are concerned about:

  • Can an online Civil Resolution Tribunal be trusted to make fair and informed decisions about the impact of your injuries? We don’t think so.
  • Will ICBC bill you for their costs and expenses if the Civil Resolution Tribunal decides against you? Sounds like it.
  • How will the Civil Resolution Tribunal go from 226 cases in 16 months to 57,000 cases per year? And at what cost?
  • ICBC says the Civil Resolution Tribunal will be a faster process. But what if it can’t handle the volume, and most cases will still have to go to court anyway?

In our view, all of this does nothing to address the ICBC mismanagement that created this problem in the first place. It’s just not fair.

Help us protect the rights and rates of road users in BC

Help us protect the rights and rates of road users in BC