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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 03:39, 7 October 2022
, 03:39, 7 October 2022→2. Civil Resolution Tribunal
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# 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. (i.e. liability and damage disputes) | # 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. (i.e. liability and damage disputes) | ||
:'''Note:''' As of March 2021, the BC Supreme Court has deemed the CRT’s authority to adjudicate on '''minor injury determinations''' and '''liability and damage disputes''' as being unconstitutional ([https://www.canlii.org/en/bc/bcsc/doc/2021/2021bcsc348/2021bcsc348.html?searchUrlHash=AAAAAQBjVHJpYWwgTGF3eWVycyBBc3NvY2lhdGlvbiBvZiBCcml0aXNoIENvbHVtYmlhIHYgQnJpdGlzaCBDb2x1bWJpYSAoQXR0b3JuZXkgR2VuZXJhbCksIDIwMjEgQkNTQyAzNDggAAAAAAE&resultIndex=4 ''Trial Lawyers Association of British Columbia v British Columbia (Attorney General)'', 2021 BCSC 348 (CanLII)]). This case is currently being appealed. At present, this means that parties can choose to bring minor injury determination disputes, as well as liability/damage disputes in relation to cases with damages of up to $50,000, to either the CRT or through the court system. Disputes regarding entitlement to receive accident benefits are unaffected by this decision and will proceed solely through the CRT. It is unclear when this appeal will be decided, or how the outcome will affect the forum for these disputes going forward. | |||
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. | 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. | ||