The rights of those injured in collisions are about to change.
Negligent drivers causing the collisions will be rewarded.
Rewards include increased employment disability benefits and complete (instead of the current partial) coverage for most care expenses.
Innocent victims will also receive increased benefits. But since 100 per cent of income losses and expenses must be paid at the time of settlement, those benefits are just a higher down payment on what ICBC will have to pay anyway.
Innocent victims will actually be penalized, because their right to compensation for sa国际传媒渘on-pecuniary lossessa国际传媒� will be capped.
Non-pecuniary losses are the non-financial ways you are impacted by an injury.
Your injuries might cause you to miss work for a time and cost money to treat. Those are financial losses.
Non-financial losses include the unpleasant experience of discomfort and pain. And the impact those symptoms have on your day to day activities.
They include psychological symptoms as well, such as a lowered mood and irritability that can go hand in hand with physical symptoms.
Thankfully, most injured victims enjoy a complete recovery. They might endure a wretched few weeks or months, but the discomfort and pain resolves and they return to the life they enjoyed before the collision. I call that a temporary injury, because it ends. It is not permanent.
In the great scheme of car crash injuries, the temporary ones might be referred to as sa国际传媒渕inorsa国际传媒�. Though I caution you against suggesting to anyone enduring months of pain, stiffness and headaches that they sustained a minor injury!
For collision injuries occurring on or after April 1, 2019, non-financial loss compensation for those temporary injuries will be capped at $5,500.00 (the sa国际传媒淐apsa国际传媒�). The Cap is established by a government regulation called the sa国际传媒淢inor Injury Regulationsa国际传媒�.
But when you look at how the government has defined a sa国际传媒渕inor injurysa国际传媒� in the legislation, you will see that they are applying the Cap to injuries going far beyond what any reasonable person would label as sa国际传媒渕inorsa国际传媒�.
If you sustain an injury referred to as a sa国际传媒渟prainsa国际传媒�, i.e. an injury to ligaments, the injury is a sa国际传媒渕inor injurysa国际传媒� unless all the fibres of an injured ligament are torn. If a sa国际传媒渟trainsa国际传媒�, i.e. an injury to muscles, the injury is a sa国际传媒渕inor injurysa国际传媒� unless all the fibres of an injured muscle are torn.
All whiplash associated disorders are sa国际传媒渕inor injuriessa国际传媒� unless they include a spinal fracture or sa国际传媒渄ecreased or absent deep tendon reflexes, deep tendon weakness or sensory deficits, or other demonstrable and clinically relevant neurological symptomssa国际传媒�.
Pain syndromes, psychological and psychiatric conditions and jaw joint injuries are sa国际传媒渕inor injuriessa国际传媒� as well.
All of those injuries are sa国际传媒渕inor injuriessa国际传媒� unless they result in a sa国际传媒渟erious impairmentsa国际传媒� or a sa国际传媒減ermanent serious disfigurementsa国际传媒�.
To qualify as a sa国际传媒渟erious impairmentsa国际传媒�, it must indeed be serious, resulting in the sa国际传媒渟ubstantial inabilitysa国际传媒� to perform the essential tasks of your employment / occupation / profession, or a training/education program you are enrolled in or accepted for enrollment. And must last longer than 12 months without an expectation of ever substantially improving.
I will give you an example.
You suffer whiplash injuries, a shoulder injury that tears some but not all fibres of ligaments and muscles as well as whiplash related headaches. You are initially unable to work, but with months of therapies and a graduated return to work program your symptoms settle down and you build up your strength to the extent you are able to return.
But you continue to suffer from headaches, neck pain and shoulder restrictions that will never completely resolve. Those ongoing symptoms restrict you from ever returning to your previously active lifestyle. And leads to depression.
Thatsa国际传媒檚 a sa国际传媒渕inor injurysa国际传媒� for crashes occurring on or after April 1, 2019.
Interested in looking at the legislation yourself? Look at the , section of the Insurance (Vehicle) Act. .
Missed last weeksa国际传媒檚 column?
Uncertainty of personal injury claims
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