(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

Proposed Boston Flats Eco-Depot hits rezoning amendment hurdle

TNRD now considering way forward after third reading of bylaw defeated

Conservative candidate Brad Vis speaks at Ashcroft Tiwn Hall

Puts family first, says Conservatives will work for all Canadians

New report on 2017 wildfires calls for better coordination with First Nations

Tsilhqot’in National Government documents 2017 disaster and lists 33 calls to action

In 1968, an Ashcroft Art Show was an idea whose time had come

Local artists got together to form a club in 1967, and a year later a show was born

Soccer week 2: League play gets underway

Warm-up time is over as the teams get down to work

VIDEO: B.C.’s waving granny gets incredible send-off from school kids

Tinney Davidson has been waving at students on their way to school for over 11 years, but is moving in a month

Be wary of robot emotions; ‘simulated love is never love’

Research has shown that people have a tendency to project human traits onto robots

One million recyclable bottles ‘lost’ daily in B.C., foundation says

387 million beverage containers didn’t make it back into the province’s regulated deposit refund system in 2017

Struggling B.C. adoption agency elects new board that intends to keep it open

The previous board announced that Choices would close May 31

Vancouver man, 19, charged in human trafficking case involving teen girl

The 16-year-old girl was reported missing and later discovered in Vancouver

Blaine, Wash. inn owner, charged with smuggling people into B.C., granted bail

Robert Joseph Boule ordered to turn away anyone indicating a plan to enter Canada illegally

RCMP arrest B.C. man following threatening Vaisakhi Facebook post

Post made reference to pressure cooker bomb at massive Surrey parade

Most Read