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Disputes with ICBC (12:VI) (view source)
Revision as of 21:37, 6 October 2022
, 21:37, 6 October 2022→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 | ||
:(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; | |||
(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. | ||
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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, and use of the CRT to resolve these disputes is meant to cut legal costs for all parties, 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 Chapter 20 of the LSLAP Manual on the CRT and its procedures: https://www.lslap.bc.ca/manual.html | 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, and use of the CRT to resolve these disputes is meant to cut legal costs for all parties, 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 Chapter 20 of the LSLAP Manual on the CRT and its procedures: https://www.lslap.bc.ca/manual.html | ||
<blockquote>'''Note:''' As of June 2022, the BC Court of Appeal has | <blockquote>'''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 (''Trial Lawyers Association of British Columbia v. British Columbia (Attorney General)'', 2022 BCCA 163 (CanLII)). This case may ultimately be brought before the Supreme Court of Canada in the future, but as of now the CRT has jurisdiction on minor injury determinations below $50,000.</blockquote> | ||
==B. Liability And Damages Disputes== | ==B. Liability And Damages Disputes== | ||