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Difference between revisions of "ICBC and Personal Injury Claims (12:XII)"
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ICBC and Personal Injury Claims (12:XII) (view source)
Revision as of 19:28, 16 August 2019
, 19:28, 16 August 2019→G. Which Court has Jurisdiction?
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A claim commenced in Small Claims court can be transferred to Supreme Court on application by one of the parties or by a judge on his or her own initiative. Such an application should be made as early as possible for a greater chance of success. A judge at the settlement/trial conference, at trial, or after application by a party at any time, must transfer a claim to Supreme Court if he or she is satisfied that the monetary outcome of a claim (not including interest and expenses) may exceed $35,000. However, there may be exceptions. A claim will remain in the Small Claims Division if the claimant expressly chooses to abandon the amount over $35,000. For personal injury claims, a judge must consider medical or other reports filed or brought to the settlement/ trial conference by the parties before transferring the claim to the Supreme Court. | A claim commenced in Small Claims court can be transferred to Supreme Court on application by one of the parties or by a judge on his or her own initiative. Such an application should be made as early as possible for a greater chance of success. A judge at the settlement/trial conference, at trial, or after application by a party at any time, must transfer a claim to Supreme Court if he or she is satisfied that the monetary outcome of a claim (not including interest and expenses) may exceed $35,000. However, there may be exceptions. A claim will remain in the Small Claims Division if the claimant expressly chooses to abandon the amount over $35,000. For personal injury claims, a judge must consider medical or other reports filed or brought to the settlement/ trial conference by the parties before transferring the claim to the Supreme Court. | ||
=== 2. Supreme Court of British Columbia === | === 2. Civil Resolution Tribunal === | ||
Starting April 1, 2019, the Civil Resolution Tribunal (CRT) will make decisions on the following matters, when there is disagreement between a claimant and ICBC: | |||
*1. classification of an injury as a minor injury; | |||
*2. entitlement to receive accident benefits claimed; | |||
*3. entitlement to receive accident benefits claimed; and | |||
*4. decisions regarding who is at-fault in the crash and settlement amounts for all motor vehicle injury claims below a threshold that will not exceed $50,000. | |||
For claims started before April 1, 2019, the upper limit of $5,000 applies and the claim must be made under the CRT’s small claims jurisdiction – this is not the same as the Small Claims Court. | |||
The Civil Resolution Tribunal is designed to be accessible, economical, and without the need for legal representation. Claimants will still be able to hire a lawyer for most motor vehicle claims made on or after April 1, 2019, should they choose to do so. In some circumstances, the claimant may have to ask the CRT for permission to hire a lawyer. Decisions made by the Civil Resolution Tribunal can be reviewed by the Supreme Court of British Columbia. | |||
For more details, Chapter 20 of the LSLAP Manual on the CRT and its procedures: | |||
[https://www.lslap.bc.ca/manual.html "https://www.lslap.bc.ca/manual.html"] | |||
You can also find useful information on the CRT’s website: | |||
[https://civilresolutionbc.ca/how-the-crt-works/getting-started/motor-vehicle-accidents-and-injuries/ "https://civilresolutionbc.ca/how-the-crt-works/getting-started/motor-vehicle-accidents-and-injuries/"] | |||
=== 3. Supreme Court of British Columbia === | |||
The Supreme Court of British Columbia is governed by the ''Supreme Court Civil Rules''. | The Supreme Court of British Columbia is governed by the ''Supreme Court Civil Rules''. | ||
