15/09/2018 by Dick Byl
Trial Lawyers of British Columbia Update
The Trial Lawyers Association of British Columbia (TLABC) recently submitted a detailed paper in response to changes in the Insurance (Vehicle) Amendment Act. TLABC specifically addressed changes to the ICBC under Bills 20 and 22 with a goal of improving transparency while protecting victims’ concerns and civil liberties.
If you’ve recently consulted with a personal injury lawyer in Prince George, you may wonder what these changes mean for your case. Our lawyers in Prince George have outlined a few notable recommendations from TLABC, listed below:
1) Transparent Consultation Required: The NDP would be required to consult with all stakeholders regarding the new auto insurance coverage schemes and tort.
2) Narrow the Definition of “Minor Injury”: If a cap on minor injuries is placed, only actual minor injuries should be included in the definition.
3) Exclude Mental Illness: Under the current legislation, mental health conditions are included in the definition of minor injury. TLABC’s recommendations exclude psychiatric and psychological illness, a win for those with mental health disorders seeking counsel from law firms in Prince George BC.
4) Simplify the Minor Injury Definition: TLABC suggests making the definition of “minor injury” simple – it should be easily understood by the average citizen.
5) Allow Medical Professionals to Do Their Jobs: Victims’ obligations regarding medical care should be narrowed, not broadened, according to TLABC. This allows doctors and caregivers to focus on treating patients instead of cumbersome diagnostic protocols.
6) No Statutory Provision Based on Medical Protocol: TLABC also suggests eliminating the statutory provision that an accident victim can be deemed to have suffered minor injuries if he or she fails to follow medical treatment protocols.
7) Eliminate the Restriction of Out-of-Pocket Expenses: Currently, clients at law firms in Prince George may only recover price-fixed treatments from ICBC. With TLABC’s suggestion, victims may receive recovery of the actual cost of treatment provided it is reasonable and medically justified.
8) Protect Accident Victims from Subrogated Claims: This recommendation would protect victims from mandatory repayment schemes enacted by third-party insurers.
Ultimately, the recommendations from TLABC focus on improving patient care while allowing victims to recover accident damages to which they are entitled. Contact our lawyer in Prince George today to find out how these recommendations will impact your case.