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The B.C. government has announced severe and sweeping changes to the ICBC injury claim process, including no-fault insurance, limits to expert evidence and caps on how much you can claim back for the cost of gathering evidence.

No-fault insurance is a drastic and draconian change compared to our tort system currently in place.

Why is no-fault insurance bad for British Columbians?

  • Prevents you from presenting your individual harms and losses to the court for compensation.
  • Eliminates accountability on the part of the at fault driver.
  • Puts all the power in the hands of the ICBC.
  • Eliminates the lawyer advocates that can fight on your behalf.

The no-fault scheme is expected to be in place by spring 2021.

Proposed limits on gathering evidence

The government plans to limit your ability to present your ICBC claim to the court by limiting the number of experts you can retain to give evidence. Expert evidence is essential to the assessment of any injury claim, as it is the injured victims who are forced to prove their case. With these changes, it will be more difficult to do this.

The government also plans to limit injured victims’ ability to recover the expenses incurred to gather all the necessary evidence. They plan to put an arbitrary limit of $3,000 to all expert reports, and an arbitrary limit to the overall amount of expenses that can be claimed.

Related articles

ICBC changes put rights of injured at grave risk, lawyers warn (Vancouver Sun)
Proposed ICBC changes will deprive many British Columbians of the compensation they deserve (Canadian Bar Association)

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