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What is the minor injury cap and what does it mean for my ICBC claim?

As ICBC claims lawyers in Vancouver, we receive numerous calls and questions regarding the new ICBC caps on minor injuries. The question is; what is the minor injury cap and what does it mean for my ICBC claim?

The current provincial government has implemented legislation that limits recovery on the pain and suffering for accidents that happened after April 1, 2019.  It is often referred to as the minor injury cap.  The minor injury cap does not apply to wage loss or medical expenses.  The minor injury cap applies only to injuries that are defined in the legislation.  A minor injury is defined as: scrapes, bruises, sprains or strains (soft tissue injuries), and TMJ injuries (tempromandibular joint – the joint which connects your lower jaw to your skull) that do not cause “serious impairment” for longer than 12 months.  “Serious impairment” is defined as being unable to complete the essential tasks of your job, school or activities of daily living for longer than 12 months.  For work, this includes being unable to work full hours or complete your full job duties.  Outside of work or school, your daily activities include house cleaning, cooking, shopping, transportation, personal hygiene or managing your personal finances.  It is unclear how much of an impact is required for the court to consider it serious.

The minor injury cap also applies to anxiety, PTSD, depression, and concussions.  However, for these types of injuries, if the injured party is incapacitated for longer than 16 weeks the minor injury cap does not apply.

What does this mean for my ICBC claim?

The minor injury cap only applies to accidents on or after April 1, 2019.  If you are involved in a motor vehicle accident after this date we anticipate that ICBC will tell you if your claim is designated under the minor injury cap.  If you disagree with a minor injury designation you can challenge that designation through the Civil Resolution Tribunal.  Personal injury lawyers can help you in challenging a minor injury designation.  If you’ve been injured in an accident after April 1, 2019 please contact us for a free consultation on 604-689-8888 or through our contact form on our website to discuss your claim with one of our experienced personal injury lawyers in Vancouver.  Stay tuned for a future blog on the How to Challenge a Minor Injury Cap.

Discuss your case with ICBC claims lawyers in Vancouver

If you or a loved one has been injured in a motor vehicle accident, please call us at (604) 689-8888 to schedule a complimentary consultation. We have offices in VancouverBurnabySurrey/Delta, and Abbotsford. If an accident has resulted in mobility issues, one of our ICBC claims lawyers in Vancouver will come to you.

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