An injury cap sets a maximum amount of money that can be paid out to a victim of a motor vehicle accident based on damage to a particular part of the body or a particular assessed condition.  For example, under this system, anyone with soft-tissue damage in their neck would be likely to receive the exact same amount of money, regardless of their personal circumstances of their individual extent of pain and suffering.

Why Is This Bad For Me?

Here are some of the reasons why an injury cap system is not the right answer for BC:

  • Injury caps strip road users of their rights, by removing an individual’s right to have their losses determined by a judge. This leaves good drivers without legal recourse, even if they were not at fault.
  • Injury caps are unfair. A caps system protects bad drivers by not holding them accountable for their actions. As a result, British Columbians will have to subsidize bad drivers through higher insurance rates.
  • 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.

Why Is An Injury Cap System The Wrong Approach For BC?

  • The BC Government is looking at an injury cap system as a solution to the financial problems at ICBC. But this is not the answer.  Caps have not reduced insurance rates in provinces that have adopted them. In fact, Ontario, despite having caps, has the highest insurance rates in Canada.
  • 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 accident prevention and education so that there are fewer victims on BC’s roads!

Help us protect the rights and rates of road users in B.C.