Disputes with ICBC (12:VI) - Revision history

LSLAP at 19:56, 13 October 2025

2025-10-13T19:56:58Z

← Older revision		Revision as of 19:56, 13 October 2025
Line 16:		Line 16:

	::'''Note:'''		::'''Note:'''
	::“‘serious impairment’, in relation to a claimant, means a physical or mental impairment that (a) is not resolved within 12 months, or another prescribed period, if any, after the date of an accident, and (b) meets prescribed criteria.” (IVA, s 101(1)). The prescribed criteria are further defined under s 3 of the Minor Injury Regulation and Silver v All-West Heritage Glass Ltd., 2023 BCCRT 407 as a ‘“substantial inability” to perform the essential tasks of the applicant’s regular employment or educational program, or their activities of daily living…and [is] not expected to improve substantially.”.		::“‘serious impairment’, in relation to a claimant, means a physical or mental impairment that (a) is not resolved within 12 months, or another prescribed period, if any, after the date of an accident, and (b) meets prescribed criteria.” (''IVA'', s 101(1)). The prescribed criteria are further defined under s 3 of the ''Minor Injury Regulation'' and ''Silver v All-West Heritage Glass Ltd.'', 2023 BCCRT 407 as a ‘“substantial inability” to perform the essential tasks of the applicant’s regular employment or educational program, or their activities of daily living…and [is] not expected to improve substantially.”.

	::“‘permanent serious disfigurement’, in relation to a claimant, means a permanent disfigurement that, having regard to any prescribed criteria, significantly detracts from the claimant's physical appearance” (IVA, s 101(1))		::“‘permanent serious disfigurement’, in relation to a claimant, means a permanent disfigurement that, having regard to any prescribed criteria, significantly detracts from the claimant's physical appearance” (''IVA'', s 101(1))

	::The Minor Injury Regulation specifies that the following are prescribed injuries: “a concussion that does not result in an incapacity; (b) a TMJ disorder; (c) a WAD injury.” (BC Reg 234/2018, s 1(1))		::The ''Minor Injury Regulation'' specifies that the following are prescribed injuries: “a concussion that does not result in an incapacity; (b) a TMJ disorder; (c) a WAD injury.” (BC Reg 234/2018, s 1(1))

LSLAP at 19:23, 13 October 2025

2025-10-13T19:23:25Z

← Older revision		Revision as of 19:23, 13 October 2025
Line 1:		Line 1:
	{{REVIEWED LSLAP \| date= August ~~6, 2024~~}}		{{REVIEWED LSLAP \| date= 1 August 2025}}
	{{LSLAP Manual TOC\|expanded = ICBC}}		{{LSLAP Manual TOC\|expanded = ICBC}}

LSLAP: /* B. Liability And Damages Disputes */

2025-09-28T23:32:58Z

B. Liability And Damages Disputes

← Older revision		Revision as of 23:32, 28 September 2025
Line 42:		Line 42:
	'''Note:''' See previous note about CRT above. Disputes in relation to denied accident benefits, in relation to Parts 1 and 10 of the ''IVA'', can be handled by making an application to the CRT to adjudicate the matter (''CRT Act''. s 132(b)).		'''Note:''' See previous note about CRT above. Disputes in relation to denied accident benefits, in relation to Parts 1 and 10 of the ''IVA'', can be handled by making an application to the CRT to adjudicate the matter (''CRT Act''. s 132(b)).

	'''Note:''' Unlike minor injury and liability/damages disputes, parties cannot choose whether to bring their denied benefits disputes before either a court or the CRT, and must bring these disputes before the CRT ([https://www.canlii.org/en/bc/bcca/doc/2022/2022bcca163/2022bcca163.html?autocompleteStr=Trial%20Lawyers%20Association%20of%20British%20Columbia%20v.%20British%20Columbia%20(Attorney%20General)%2C%202022%20BCCA%20163&autocompletePos=1&resultId=53077f2097974176ad581364b0c538df&searchId=2024-08-06T14:34:21:087/6d0f24375a154da1b76b3fb5abdec406 ''Trial Lawyers Association of British Columbia v. British Columbia (Attorney General)'', 2022 BCCA 163 (CanLII)]).		'''Note:''' Unlike minor injury and liability/damages disputes, parties cannot choose whether to bring their denied benefits disputes before either a court or the CRT, and must bring these disputes before the CRT (''[https://www.canlii.org/en/bc/bcca/doc/2022/2022bcca163/2022bcca163.html?autocompleteStr=Trial%20Lawyers%20Association%20of%20British%20Columbia%20v.%20British%20Columbia%20(Attorney%20General)%2C%202022%20BCCA%20163&autocompletePos=1&resultId=53077f2097974176ad581364b0c538df&searchId=2024-08-06T14:34:21:087/6d0f24375a154da1b76b3fb5abdec406 Trial Lawyers Association of British Columbia v. British Columbia (Attorney General)]'', 2022 BCCA 163 (CanLII)).

	Disputes about denied accident benefits may also be made internally through ICBC’s Claims Decision Review process. However, ICBC does not provide public information on the process or deadlines for this. Speak directly to your ICBC representative for more information.		Disputes about denied accident benefits may also be made internally through ICBC’s Claims Decision Review process. However, ICBC does not provide public information on the process or deadlines for this. Speak directly to your ICBC representative for more information.

LSLAP at 23:31, 28 September 2025

2025-09-28T23:31:07Z

← Older revision		Revision as of 23:31, 28 September 2025
Line 15:		Line 15:
	::(iv) A prescribed injury or an injury in a prescribed type or class of injury;[(defined in s 1(1) of the ''Minor Injury Regulation'')].		::(iv) A prescribed injury or an injury in a prescribed type or class of injury;[(defined in s 1(1) of the ''Minor Injury Regulation'')].

	:'''Note'''		::'''Note:'''
	:“‘serious impairment’, in relation to a claimant, means a physical or mental impairment that (a) is not resolved within 12 months, or another prescribed period, if any, after the date of an accident, and (b) meets prescribed criteria.” (IVA, s 101(1)). The prescribed criteria are further defined under s 3 of the Minor Injury Regulation and Silver v All-West Heritage Glass Ltd., 2023 BCCRT 407 as a ‘“substantial inability” to perform the essential tasks of the applicant’s regular employment or educational program, or their activities of daily living…and [is] not expected to improve substantially.”.		::“‘serious impairment’, in relation to a claimant, means a physical or mental impairment that (a) is not resolved within 12 months, or another prescribed period, if any, after the date of an accident, and (b) meets prescribed criteria.” (IVA, s 101(1)). The prescribed criteria are further defined under s 3 of the Minor Injury Regulation and Silver v All-West Heritage Glass Ltd., 2023 BCCRT 407 as a ‘“substantial inability” to perform the essential tasks of the applicant’s regular employment or educational program, or their activities of daily living…and [is] not expected to improve substantially.”.

	:“‘permanent serious disfigurement’, in relation to a claimant, means a permanent disfigurement that, having regard to any prescribed criteria, significantly detracts from the claimant's physical appearance” (IVA, s 101(1))		::“‘permanent serious disfigurement’, in relation to a claimant, means a permanent disfigurement that, having regard to any prescribed criteria, significantly detracts from the claimant's physical appearance” (IVA, s 101(1))

	:The Minor Injury Regulation specifies that the following are prescribed injuries: “a concussion that does not result in an incapacity; (b) a TMJ disorder; (c) a WAD injury.” (BC Reg 234/2018, s 1(1))		::The Minor Injury Regulation specifies that the following are prescribed injuries: “a concussion that does not result in an incapacity; (b) a TMJ disorder; (c) a WAD injury.” (BC Reg 234/2018, s 1(1))

LSLAP: /* A. Minor Injury Determination Disputes */

2025-09-28T23:30:32Z

A. Minor Injury Determination Disputes

← Older revision		Revision as of 23:30, 28 September 2025
Line 15:		Line 15:
	::(iv) A prescribed injury or an injury in a prescribed type or class of injury;[(defined in s 1(1) of the ''Minor Injury Regulation'')].		::(iv) A prescribed injury or an injury in a prescribed type or class of injury;[(defined in s 1(1) of the ''Minor Injury Regulation'')].

	:Note:		:'''Note'''
	:“‘serious impairment’, in relation to a claimant, means a physical or mental impairment that (a) is not resolved within 12 months, or another prescribed period, if any, after the date of an accident, and (b) meets prescribed criteria.” (IVA, s 101(1)). The prescribed criteria are further defined under s 3 of the Minor Injury Regulation and Silver v All-West Heritage Glass Ltd., 2023 BCCRT 407 as a ‘“substantial inability” to perform the essential tasks of the applicant’s regular employment or educational program, or their activities of daily living…and [is] not expected to improve substantially.”.		:“‘serious impairment’, in relation to a claimant, means a physical or mental impairment that (a) is not resolved within 12 months, or another prescribed period, if any, after the date of an accident, and (b) meets prescribed criteria.” (IVA, s 101(1)). The prescribed criteria are further defined under s 3 of the Minor Injury Regulation and Silver v All-West Heritage Glass Ltd., 2023 BCCRT 407 as a ‘“substantial inability” to perform the essential tasks of the applicant’s regular employment or educational program, or their activities of daily living…and [is] not expected to improve substantially.”.

LSLAP: /* A. Minor Injury Determination Disputes */

2025-09-28T23:30:07Z

A. Minor Injury Determination Disputes

← Older revision		Revision as of 23:30, 28 September 2025
Line 14:		Line 14:
	::(iii) A psychological or psychiatric condition;		::(iii) A psychological or psychiatric condition;
	::(iv) A prescribed injury or an injury in a prescribed type or class of injury;[(defined in s 1(1) of the ''Minor Injury Regulation'')].		::(iv) A prescribed injury or an injury in a prescribed type or class of injury;[(defined in s 1(1) of the ''Minor Injury Regulation'')].

			:Note:
			:“‘serious impairment’, in relation to a claimant, means a physical or mental impairment that (a) is not resolved within 12 months, or another prescribed period, if any, after the date of an accident, and (b) meets prescribed criteria.” (IVA, s 101(1)). The prescribed criteria are further defined under s 3 of the Minor Injury Regulation and Silver v All-West Heritage Glass Ltd., 2023 BCCRT 407 as a ‘“substantial inability” to perform the essential tasks of the applicant’s regular employment or educational program, or their activities of daily living…and [is] not expected to improve substantially.”.

			:“‘permanent serious disfigurement’, in relation to a claimant, means a permanent disfigurement that, having regard to any prescribed criteria, significantly detracts from the claimant's physical appearance” (IVA, s 101(1))

			:The Minor Injury Regulation specifies that the following are prescribed injuries: “a concussion that does not result in an incapacity; (b) a TMJ disorder; (c) a WAD injury.” (BC Reg 234/2018, s 1(1))


	Minor injury classifications may be disputed either internally, by speaking with your claim representative and their manager, or by making an application to the Civil Resolution Tribunal (CRT) to adjudicate on the matter. Note that ICBC does not make further information publicly available about the process or deadlines for disputing a determination internally.		Minor injury classifications may be disputed either internally, by speaking with your claim representative and their manager, or by making an application to the Civil Resolution Tribunal (CRT) to adjudicate on the matter. Note that ICBC does not make further information publicly available about the process or deadlines for disputing a determination internally.
Line 19:		Line 27:
	The CRT is an independent administrative tribunal, authorized by the Civil Resolution Tribunal Act to adjudicate on minor injury determination, among other matters. The CRT process does not involve legal representation, although certain parties who require assistance can apply to have a helper or advocate to assist them in the tribunal process. For more details on the CRT, see the LSLAP Manual on the CRT and its procedures.		The CRT is an independent administrative tribunal, authorized by the Civil Resolution Tribunal Act to adjudicate on minor injury determination, among other matters. The CRT process does not involve legal representation, although certain parties who require assistance can apply to have a helper or advocate to assist them in the tribunal process. For more details on the CRT, see the LSLAP Manual on the CRT and its procedures.

	'''Note:''' As of June 2022, the BC Court of Appeal has upheld the CRT’s authority to adjudicate on minor injury determinations as being constitutional (See [https://www.canlii.org/en/bc/bcca/doc/2022/2022bcca163/2022bcca163.html?autocompleteStr=Trial%20Lawyers%20Association%20of%20British%20Columbia%20v.%20British%20Columbia%20(Attorney%20General)%2C%202022%20BCCA%20163&autocompletePos=1&resultId=53077f2097974176ad581364b0c538df&searchId=2024-08-06T14:34:21:087/6d0f24375a154da1b76b3fb5abdec406 ''Trial Lawyers Association of British Columbia v. British Columbia (Attorney General)'', 2022 BCCA 163 (CanLII)]). The Supreme Court of Canada denied the application for leave to appeal in [https://www.canlii.org/en/ca/scc-l/doc/2022/2022canlii121522/2022canlii121522.html?autocompleteStr=Trial%20Lawyers%20Association%20of%20British%20Columbia%2C%20et%20al.%20v.%20Attorney%20General%20of%20British%20Columbia%2C%20et%20al.%2C%202022%20CanLII%20121522%20(SCC)&autocompletePos=1&resultId=3066786b08974ebb94f30d795dab0520&searchId=2024-08-06T14:37:22:176/4c1382948b5a4090a7c0e6cc10be2ae4 ''Trial Lawyers Association of British Columbia, et al. v. Attorney General of British Columbia, et al.'', 2022 CanLII 121522 (SCC)]. Thus, the CRT has jurisdiction on minor injury determinations below $50,000.		'''Note:''' As of June 2022, the BC Court of Appeal has upheld the CRT’s authority to adjudicate on minor injury determinations as being constitutional (See ''[https://www.canlii.org/en/bc/bcca/doc/2022/2022bcca163/2022bcca163.html?autocompleteStr=Trial%20Lawyers%20Association%20of%20British%20Columbia%20v.%20British%20Columbia%20(Attorney%20General)%2C%202022%20BCCA%20163&autocompletePos=1&resultId=53077f2097974176ad581364b0c538df&searchId=2024-08-06T14:34:21:087/6d0f24375a154da1b76b3fb5abdec406 Trial Lawyers Association of British Columbia v. British Columbia (Attorney General)]'', 2022 BCCA 163 (CanLII)). The Supreme Court of Canada denied the application for leave to appeal in ''[https://www.canlii.org/en/ca/scc-l/doc/2022/2022canlii121522/2022canlii121522.html?autocompleteStr=Trial%20Lawyers%20Association%20of%20British%20Columbia%2C%20et%20al.%20v.%20Attorney%20General%20of%20British%20Columbia%2C%20et%20al.%2C%202022%20CanLII%20121522%20(SCC)&autocompletePos=1&resultId=3066786b08974ebb94f30d795dab0520&searchId=2024-08-06T14:37:22:176/4c1382948b5a4090a7c0e6cc10be2ae4 Trial Lawyers Association of British Columbia, et al. v. Attorney General of British Columbia, et al.]'', 2022 CanLII 121522 (SCC). Thus, the CRT has jurisdiction on minor injury determinations below $50,000.

	==B. Liability And Damages Disputes==		==B. Liability And Damages Disputes==

LSLAP: /* D. Disputes About Enhanced Accident Benefits */

2025-09-22T05:53:42Z

D. Disputes About Enhanced Accident Benefits

← Older revision		Revision as of 05:53, 22 September 2025
Line 49:		Line 49:
	==D. Disputes About Enhanced Accident Benefits==		==D. Disputes About Enhanced Accident Benefits==
	An insured may dispute ICBC’s assessment of whether a benefit applies to their circumstances. These disputes may be resolved internally or through arbitration, consistent with the Arbitration Act (''IVR'', s 89). For ICBC to be required to invoke the arbitration process, certain conditions must be met (''Wichert v Insurance Corporation of British Columbia'' (1987), 22 CCLI 165 (BCCA)):		An insured may dispute ICBC’s assessment of whether a benefit applies to their circumstances. These disputes may be resolved internally or through arbitration, consistent with the Arbitration Act (''IVR'', s 89). For ICBC to be required to invoke the arbitration process, certain conditions must be met (''Wichert v Insurance Corporation of British Columbia'' (1987), 22 CCLI 165 (BCCA)):
	1) There is a claim involving the payment of an expense		#There is a claim involving the payment of an expense
	2) ICBC decided the payment of that expense as a benefit would be unreasonable		#ICBC decided the payment of that expense as a benefit would be unreasonable
	3) ICBC communicated this decision to the claimant		#ICBC communicated this decision to the claimant
	4) The claimant disputes ICBC’s decision		#The claimant disputes ICBC’s decision



	{{LSLAP Manual Navbox\|type=chapters8-14}}		{{LSLAP Manual Navbox\|type=chapters8-14}}

LSLAP at 05:51, 22 September 2025

2025-09-22T05:51:01Z

← Older revision		Revision as of 05:51, 22 September 2025
Line 1:		Line 1:
	{{REVIEWED LSLAP \| date= August 6, 2024}}		{{REVIEWED LSLAP \| date= August 6, 2024}}
	{{LSLAP Manual TOC\|expanded = ICBC}}		{{LSLAP Manual TOC\|expanded = ICBC}}
	~~{{LSLAP 12 New System Notice}}~~
			'''This section applies to all claims for accidents that occurred on or after May 1, 2021.'''

	If you have an issue with the outcome of your claim or with how it was decided, there are processes available to dispute your claim. Different procedures apply to different types of claim disputes. The following outlines the remedies for some common types of disputes that may arise. '''This section should be used with caution as certain parts of the ICBC dispute process have been the subject of litigation in BC and may continue to be reviewed'''.		If you have an issue with the outcome of your claim or with how it was decided, there are processes available to dispute your claim. Different procedures apply to different types of claim disputes. The following outlines the remedies for some common types of disputes that may arise. '''This section should be used with caution as certain parts of the ICBC dispute process have been the subject of litigation in BC and may continue to be reviewed'''.

LSLAP at 17:46, 7 August 2024

2024-08-07T17:46:21Z

← Older revision		Revision as of 17:46, 7 August 2024
Line 1:		Line 1:
	{{REVIEWED LSLAP \| date= August 1, ~~2023~~}}		{{REVIEWED LSLAP \| date= August 6, 2024}}
	{{LSLAP Manual TOC\|expanded = ICBC}}		{{LSLAP Manual TOC\|expanded = ICBC}}
	{{LSLAP 12 New System Notice}}		{{LSLAP 12 New System Notice}}

LSLAP: /* A. Minor Injury Determination Disputes */

2024-08-06T22:26:38Z

A. Minor Injury Determination Disputes

← Older revision		Revision as of 22:26, 6 August 2024
Line 9:		Line 9:
	:(a) Subject to subsection (2), does not result in a serious impairment [(defined in s 101(1) of the ''IVA'')] or a permanent serious disfigurement [(defined in s 101(1) of the ''IVA'')] of the claimant, and		:(a) Subject to subsection (2), does not result in a serious impairment [(defined in s 101(1) of the ''IVA'')] or a permanent serious disfigurement [(defined in s 101(1) of the ''IVA'')] of the claimant, and
	:(b) Is one of the following:		:(b) Is one of the following:
	::(i) an abrasion, a contusion, a laceration, a sprain or a strain;		::(i) An abrasion, a contusion, a laceration, a sprain or a strain;
	::(ii) a pain syndrome;		::(ii) A pain syndrome;
	::(iii) a psychological or psychiatric condition;		::(iii) A psychological or psychiatric condition;
	::(iv) a prescribed injury or an injury in a prescribed type or class of injury;[(defined in s 1(1) of the ''Minor Injury Regulation'')].		::(iv) A prescribed injury or an injury in a prescribed type or class of injury;[(defined in s 1(1) of the ''Minor Injury Regulation'')].

	Minor injury classifications may be disputed either internally, by speaking with your claim representative and their manager, or by making an application to the Civil Resolution Tribunal (CRT) to adjudicate on the matter. Note that ICBC does not make further information publicly available about the process or deadlines for disputing a determination internally.		Minor injury classifications may be disputed either internally, by speaking with your claim representative and their manager, or by making an application to the Civil Resolution Tribunal (CRT) to adjudicate on the matter. Note that ICBC does not make further information publicly available about the process or deadlines for disputing a determination internally.