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Get familiar with how ICBC works. The lack of knowledge may give ICBC the upper hand and your claim may result in a poor outcome. We have helpful tips that will get you started on the right track.
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WES MUSSIO
Wes Mussio is the managing partner of Mussio Goodman, a premier British Columbia law firm that specializes in ICBC injury claims. Since becoming a lawyer in 1991, Wes has worked almost exclusively in the area of ICBC claims. He also handles a variety of other personal injury claims including slip and fall matters, as well as estate litigation cases.
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view listsThe date April 1, 2019 is a significant one for ICBC injury claims. For accidents that occur on or after April 1, 2019, the NDP government has severely compromised the opportunity to receive fair compensation for the injuries suffered in a motor vehicle accident. Of course, the government will not tell you this and ICBC will pretend that you’re receiving substantial benefits under the new no-fault scheme but the truth is, your rights for fair compensation are severely compromised in the vast majority of claims.
The government has used the misnomer of minor injuries to suggest that only the small injury claims are affected by this high-handed government legislation. Truth be told, somewhere in the range of 80 to 90% of all the injury claims for accidents after April 1, 2019 will be captured under the no-fault scheme. Because the current cap on pain and suffering for “minor injuries” is only $5500 under this no-fault scheme, it makes hiring a lawyer uneconomic for both the claimant and the lawyer in most cases. In the result, many claimants will be forced to act on their own against the seasoned ICBC adjusters and ICBC’s corporate policies. If you plan to just roll over and accept minimal compensation for your injuries then there is no problem being self-represented but if you want to dispute the labelling of your injuries as minor or get fair compensation for out-of-pocket expenses and wage loss and other items, then you will have to learn about the Civil Resolution Tribunal, the government agency responsible for deciding disputes for “minor injuries” and/or claims under $50,000.
Before this new no-fault scheme was legislated in by the government, ICBC always had the upper hand over self-represented claimants because of the extensive experience of the adjusters. Now, the playing field is even more tilted in favour of ICBC. It will be hard for a claimant to get fair compensation for his or her injuries, especially without lawyers being involved in most of these minor injury claims due to simple economics.
We created this website to help provide information to educate self-represented claimants. The information we share may help the claimant get a better outcome to what has become a very one-sided system that takes away victim rights and provides ICBC with incredible powers to limit payment of compensation to car accident victims.