ICBC Claims and the Civil Resolution Tribunal
As of April 1 2019, the Civil Resolution Tribunal will be hearing disagreements between ICBC and its customers.
What is the Civil Resolution Tribunal?
The Civil Resolution Tribunal (CRT) is a dispute resolution body in British Columbia. It was introduced after the Civil Resolution Tribunal Act was passed in 2012.
Until now, the CRT has been helping people resolve condominium strata disputes of any value, and small claims up to $5,000. But last year, the British Columbia government amended the law to broaden the scope of the CRT. This means that as of April 1 2019, it will also be able to deal with certain motor vehicle accident claims.
What does this mean for your ICBC claim?
If you are making an ICBC claim and you disagree with a certain decision, it will be directed to the CRT. For example, a dispute may arise if you are told that –
- Your injury is minor, when in fact you think it is serious. Under new rules, the amount of compensation awarded for pain and suffering for minor injuries will be capped
- You are not entitled to receive accident benefits claimed
- You are at-fault for the accident
- Your compensation settlement is below what you deem to be reasonable. The CRT can only examine such decisions if the value is below $50,000
The CRT will assess the evidence before making a decision. You are allowed to be represented by a lawyer. If you disagree with the decision made by the CRT, you can ask to have it reviewed in the BC Supreme Court.
If a case is valued below $50,000 and it is adjudicated in the Supreme Court, the recovery of expenses will be limited to that permitted under the CRT.
ICBC hopes the use of the CRT will ‘reduce the reliance on the courts.
This is just one of many changes that are being implemented by ICBC on April 1 2019. Amongst others, the amount of compensation awarded for pain and suffering in minor injury claims will be capped at $5,500. The amount that can be claimed for medical and wage loss benefits will also increase.
Vancouver personal injury lawyer
While ICBC may say the CRT can easily be used without legal representation, it is important to remember that you are still entitled to a lawyer.
If you want help with your ICBC claim, please contact us now at John Mickelson Law Corporation. Either fill in the free online enquiry form or call us on 604 684 0040.Go back to Blog