Absolutely no one likes being involved in an automobile accident. Ever. On top of feeling shocked and upset, it’s overwhelming to figure out what to do next, especially if you are injured.
For those who’ve been injured in an automobile accident, after April 1st 2019, ICBC placed a cap of $5,500 for pain and suffering on minor injury claims. The cap does not affect major injuries as a result of an automobile accident. It was put into place by the provincial government as a means of aiding the financial crisis within the auto insurance industry.
If you’ve been injured in an automobile and have suffered a minor injury, you are eligible to receive benefit from ICBC.
What Counts as a Minor Injury?
ICBC considers the following minor injuries:
- Abrasions, cuts, lacerations and scrapes
- Bruises or contusions
- Concussion
- General aches and pains
- Road rashes
- Short-term psychological impairment
- Sprains or strains
- Temporomandibular joint disorder (TMJ)
- Whiplash injury or whiplash associated disorder
The $5,500 cap for pain and suffering does not apply to wage loss, medical care or for legal costs associated with the accident. If you’ve suffered a major injury as a result of an automobile accident, you may be eligible for a serious impairment claim.
According to ICBC, a serious impairment claim includes:
- A “substantial inability” to perform “essential” work or school activities and daily tasks
- The “primary cause” of the impairment was the accident
- Ongoing” impairment
- No expectation of “substantial improvement”
To help you better understand your eligibility for a claim, we at Newman and Associates Law Corporation have created a thorough guide on what kinds of injuries will be affected by the cap so that you can understand your entitlement.
Download the free ebook here to get the maximum benefit from your minor injuries claim.
