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Difference between revisions of "Disputes with ICBC (12:VI)"
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Disputes with ICBC (12:VI) (view source)
Revision as of 18:46, 11 August 2021
, 18:46, 11 August 2021→A. Minor Injury Determination Disputes
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==A. Minor Injury Determination Disputes== | ==A. Minor Injury Determination Disputes== | ||
If your injury is classified as a minor injury, this places a cap on the amount on non-pecuniary damages that you can access (''IVA'', s 103(2)). Minor injury has a specific legal meaning, and is defined in s 101(1) of the ''IVA'' as: “a physical or mental injury, whether or not chronic, that | If your injury is classified as a minor injury, this places a cap on the amount on non-pecuniary damages that you can access (''IVA'', s 103(2)). Minor injury has a specific legal meaning, and is defined in s 101(1) of the ''IVA'' as: “a physical or mental injury, whether or not chronic, that | ||
<blockquote>(a) subject to subsection (2), does not result in a serious impairment | <blockquote>(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: | ||
<blockquote>(i) an abrasion, a contusion, a laceration, a sprain or a strain; | <blockquote>(i) an abrasion, a contusion, a laceration, a sprain or a strain; | ||
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(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;” </blockquote> </blockquote> | (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'')] ” </blockquote> </blockquote> | ||
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. | ||
