Legal experts and disability activists alike are worried about the toll minor injury caps could take on vehicle collision victims in the province.
Ronald Nairne, of Burnaby鈥檚 Giusti Nairne law firm, takes issue with the victim of a car crash being treated differently than someone hurt in any other accident.
鈥淪imply because I鈥檓 in a car, my damages are being limited,鈥� said Nairne, who鈥檚 part of , a coalition of British Columbians who are committed to protecting the rights of anyone who becomes injured on our roads and ensuring accountability for ICBC.
He pointed out scenarios in which he鈥檇 have more options for redress if he wasn鈥檛 in a vehicle.
鈥淚f I go onto my neighbours property and there is a gigantic hole in (sic) the property that鈥檚 unsafe and I step in that hole and twist my ankle, fall down and hurt my back and sue my neighbour鈥� the judge says that was unsafe, the neighbour鈥檚 responsible for that and you have a minor injury, I鈥檓 going to award you $25,000,鈥� said Nairne.
鈥淚f I get that same exact injury, but I get injured in a rear-end accident, I鈥檓 only going to be eligible for $5,500.鈥�
The province introduced in February, as a way to cool the of the provincial auto-insurer and stem its losses, which the province said would this year.
Attorney General David Eby said that the caps are supposed to save ICBC a much-needed $1 billion a year as annual injury claims have risen from $3 billion in 2014 to almost $4 billion in 2017.
The province defines a 鈥渕inor injury鈥� as an abrasion, contusion, laceration, a pain syndrome or a psychological or psychiatric condition that does not result in a serious impairment or a permanent serious disfigurement of the claimant.
An Attorney General spokesperson said that all conditions, from 鈥渃uts to psychological and psychiatric conditions resulting from a collision can vary in impact, from minor to severe鈥� and that each would be assessed on a case-by-case basis.
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But the CEO of the People in Pain Network explained capping minor injury costs only takes advantage of people when they鈥檙e at their weakest.
鈥淚 just worry about the fact that people can look really well and be really suffering.
鈥淚 just think that there鈥檚 going to be a lot of people caught in no-man鈥檚 land,鈥� said Devine.
The People in Pain Network works with people who have chronic pain and Devine said that鈥檚 the group she鈥檚 most worried about with the new rules.
The province defines a minor injury as an abrasion, contusion, laceration, a pain syndrome or a psychological or psychiatric condition that does not result in a serious impairment or a permanent serious disfigurement of the claimant.
鈥淧eople have a lot of trouble now getting doctors to believe that they chronic pain, never mind if you add a complication to the situation and make it more difficult for people to get the help that they need,鈥� said Devine.
She鈥檚 worried that minor injuries could grow into major conditions.
However, a ministry spokesperson said that 鈥渁t any point during recovery, a medical professional can determine if an injury diagnosis, including a mental health injury due to a collision, has changed and should no longer be considered minor.鈥�
While Devine agrees that鈥檚 a good step, she wonders how it would turn out in reality.
鈥淚f they decide that this is a minor injury and it turns out not to be, the hoops and the process that they have to go through to get it reclassified is in a lot of cases really overwhelming for people,鈥� she said.
鈥淥r it would be denied and denied and denied and years go by and the window to improve their condition is lost.鈥�
An Attorney General spokesperson said that collision related victims can challenge ICBC鈥檚 decision 鈥渁t the independent Civil Resolution Tribunal and have the matter resolved in months, not years.鈥�
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