You may have heard that there have been recent changes to car accident injury claims which include a cap on damages for “minor injuries” and a change to “no fault” insurance. Here’s how the changes affect claimants.
The cap on damages only applies to injuries resulting from car accidents that occurred after April 1, 2019. If a person is injured in a car accident that occurred before April 2019 there is no legislated cap on damages that applies to their legal claim. For car accidents occurring after April 1st, 2019, it will often times be arguable whether resulting injury claims should properly be subject to the cap on damages. The cap on damage awards is only supposed to apply to injured people with particular types of injuries that have affected them in defined ways.
It’s also worth noting that:
a) No fault insurance provision has yet to come into affect and will not apply retroactively.
b) There are time limits for starting the necessary legal proceedings required to ensure compensation.
If someone from ICBC or otherwise tells you that your claim is subject to a cap on damages, it is important to seek prompt legal advice. Time is of the essence when it comes to making injury claims, and you’ll want to make sure you know your rights and how to proceed. You may be entitled to full compensation and it may be that you are entitled to other forms of damage claims which you are not aware of. A lawyer experienced in this area of the law can help you put your best case forward. Failing to do so risks your legal claims being improperly restricted.