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Thank you for your interest in retaining our firm to assist with your ICBC claim. We are proud to have developed a reputation as one of Vancouver Island's premier firms for ICBC injury claims, and we have helped thousands of injured people receive fair compensation for their losses over the years.
Unfortunately, as of May 1, 2021 we are no longer able to assist with almost all ICBC claims.
Why?
As of May 1, 2021, ICBC and the BC NDP Government have instituted a new "No Fault" system of insurance, which they call "Enhanced Care".
What is "No Fault" insurance?
Under No Fault, a person injured in a car crash no longer has the right to bring a legal claim against the at-fault driver. ICBC will instead provide basic coverage for treatment up to a maximum amount, and a portion of wage loss -- no matter who is at fault. There is no longer any right to recover your actual losses, or for pain and suffering, except in very rare situations.
What does that mean for my claim?
ICBC now has control over every part of your claim from start to finish, and has eliminated or reduced your ability to recover many of your actual losses. The government’s No Fault model also removes access to an independent BC Supreme Court judge or jury to make an impartial judgment on these cases. You no longer have the ability to bring a legal claim to ensure your individual rights are protected, and to ensure ICBC is acting fairly.
Injured British Columbians like you will face significant new challenges if involved in a car crash. This complex new policy is built upon hundreds of pages of technical regulations which will be very difficult for the public (especially those involved in an accident and focused on their health/recovery) to navigate.
Can I hire you as my lawyer to help me navigate this new system?
Even though the No Fault regulations are complex legal documents, hiring a lawyer to represent you will almost never be possible under No Fault. ICBC and the government have created a system where you are on your own against them. Although you may still retain lawyers on an hourly basis to provide information, there is no longer any way to bring a legal claim for the vast majority of accident claims.
What are the rare exceptions?
If the defendant driver is convicted of certain Criminal Code offences, you may be able to pursue a claim for pain and suffering damages against them personally. You still cannot seek wage loss or out of pocket expenses from the other driver. Because you can only sue them personally, you will not recover anything if they do not have any money to pay.
In addition, you may be able to pursue a claim if your accident was before May 1, 2021 and it has been less than 2 years since your 19th birthday. That is because there is a 2 year limitation period to bring a lawsuit for most claims, but that timeline is postponed until your 19th birthday.
Both of these are very rare, but if you believe they may apply to you, please do not hesitate to contact us for a consultation.
What happens if I disagree with ICBC's decisions about my case?
There is no longer any right to bring your claim in front of an impartial and independent judge or jury to decide whether ICBC is acting fairly. In certain situations you may bring your dispute to the Civil Resolution Tribunal, which is an online tribunal where you will represent yourself against a trained ICBC adjuster or lawyer. Unlike the BC Supreme Court, which is constitutionally guaranteed to be independent from government, the same government Ministry (Ministry of Attorney General) oversees both the Civil Resolution Tribunal and ICBC.
This all seems really unfair. What can I do?
We agree. At this point we recommend that you do the following:
1. Write your MLA to express your concerns. Find your MLA here: https://www.leg.bc.ca/Pages/BCLASS-Search-Community.aspx
2. Find out who else is running as a candidate for MLA from other parties in your riding and ensure they are aware of how important this issue is to you.
3. Sign up for updates at https://www.notonofault.com/
4. Share your story. There are manyreporters who have published dozens of stories about people just like you.
We are sorry that we are unable to be of more help with your claim. We hope that some or all of these changes are rolled back because of pressure from the motoring public or through court challenges, but until then please do not hesitate to reach out with any questions.
