ICBC Law

As an ICBC claims lawyer I noticed a change in ICBC’s practices lately.

One of the first things I do for my ICBC claims clients is obtain the records ICBC keeps regarding the claim. It used to be that the correspondence from ICBC to the client was signed by a human being. Now I see the letters clients receive are often signed by ‘teams’ such as ICBC Team 1, ICBC Team 2, ICBC team 3, ICBC Team 4, ICBC Team 5. What’s this all about?

It seems to me that this ‘team’ approach is a way to make the ICBC claims process less personal. When ICBC sends out letters to those injured in BC car accidents telling them that their claim is denied due to the LVI program or some other such other form letter it is much less inviting to follow up if you are responding to some faceless ‘team.’

If a personal ICBC adjuster sends a letter and you have questions it’s easy to follow up. You can call the person, make an appointment, establish a relationship and try to work together to resolve the claim. Not that this always works but it is at least a more dignified process.

When ICBC sends a letter signed by some faceless ‘team’ of people follow-up becomes less attractive. You may get passed around from person to person. It’s more difficult to strike up a personal connection with a ‘team’ and this may make some people willing to simply accept ICBC’s position and walk away from the claim. The ‘team’ approach probably makes it easier for ICBC adjusters to stick to ICBC’s policies such as the ‘LVI program‘ or ICBC’s ‘soft tissue injury assessment guidelines‘. If the ICBC ‘team’ tells you your claim is denied I would think it is easier for an ICBC adjuster to stick to this position if he / she remains faceless.

The less human the process the greater the desire to walk away from an ICBC claim.

If you have received a letter from an ICBC ‘team’ and disagree with ICBC’s position, be it the value of your claim, the determination of fault or an LVI claim denial don’t be discouraged. Follow up no differently than if you had the name of a personal claims adjuster to deal with. Make sure you are looked after properly in your ICBC claim.

Do you have questions about your ICBC claim you wish to discuss with a BC personal injury lawyer? If so click hereto arrange your free consultation with Victoria ICBC injury claims lawyer Erik Magraken (with associated offices in Victoria, Nanaimo, Kelowna, Port Hardy, Kamloops, Duncan, Courtenay, Qualicum Beach, Port McNeil, Tofino, Vernon, Dawson Creek, Revelstoke, Ucluelet, Salmon Arm, Castlegar, Sicamous and Nakusp)

On February 8, 2008, Associate Chief Justice Neil Wittmann concluded that the Alberta Minor Injury Regulation (a regulation which imposed a $4,000 cap on auto-accident victims who sustained soft tissue injuries) is unconstitutional.

Justice Wittmann concluded that the cap on damages for soft tissue injuries”sacrifices the dignity of Minor Injury victims at the altar of reducing insurance premiums.”

In striking down the legislation Justice Wittmann held that the Minor Injury Regulation is discriminatory against victims who sustained soft tissue injuries and that this violated Section 15 of the Canadian Charter of Rights and Freedoms.

This is a great decision as it restores the rights of victims of Alberta auto accidents who sustained soft tissue injuries to seek fair compensation for their losses from the courts. The decison has been hailed a success by the Alberta Civil Trial Lawyers Association who have urged the government to accept the decision.

The government, however, has announced that they will indeed appeal the decision. Justice Wittmann’s reasoning appears sound and hopefully will withstand appeal. However, nothing in the judgement prevents Alberta’s legislature from introducting new legislation which would limit the compensation available for pain and suffering for auto accident victims.

Only time will tell whether Alberta’s legislature will institute revised legislation capping damages for ‘minor injuries’ in a way that is not inconsistent with Justice Wittman’s interpretation of Section 15 of the Charter or if the government will allow Alberta auto accident victims with soft tissue injuries to have unfettered access to the courts for fair compensation. In the meantime, however, many plaintiff’s may now have access to the courts to receive fair compensation for their soft tissue injuries.