ICBC going no fault. 20% decrease in rates & big increase to accident benefits.

[AstulzerRZD]

https://vancouversun.com/news/politi...r-cent-in-2021

The new no-fault system will boost the maximum lifetime care benefits an injured person could receive from $300,000 to $7.5 million, with the additional promise that more funding will be available for visits to physiotherapists, chiropractors, counsellors and other recovery services.

For example, the amount ICBC will pay in lost wages is set to increase to $1,200 a week under no-fault, compared to $740 a week set in 2019 and only $300 a week before that. People who earn more than that amount can choose to purchase additional optional insurance for extra wage benefits.

A person’s doctor, not ICBC, will decide what recovery treatments are needed and for how long, according to the province.

In another scenario, involving an injured child, ICBC said no-fault would provide new up-front permanent care aides worth $10,000 a month, homemaking costs, missed school compensation of up to $20,000 a year and recreational benefits that would under the current system require a lawsuit and court awarded judgement.

Eliminating costly legal fees is key to driving down the premiums, said Eby, though he acknowledged the change will be aggressively challenged by trial lawyers.

The only time an injured person will still be able to sue for compensation under the new no-fault model will be if the at-fault driver is convicted of intoxication, dangerous driving or other criminal negligence.

Disputes on settlements will be handled by the civil resolution tribunal, a retooled ICBC fairness commissioner and the provincial ombudsperson, though drivers can also go to court for a judicial review of decisions.

[The Producer]

pleeeeease let me buy my liability once. charge me add on fees, obviously use the highest value car etc. whatever. I don't care.

It's maddening to purchase the same personal liability coverage for each car.

[68style]

It's only gonna get worse... there's no winning this... even private is not the answer. My best friend owns a private insurance agency in Alberta and he tells me plenty of horror stories from there about how private works (or doesn't work) that make ICBC look like a walk in the park.

The real problem is people's varying levels of battle when they get hurt or perceive being hurt or see something as a way to make some cash and will stop at nothing to make it. Every single one of us knows at least 1 person that was involved in a minor collision that spent 3+ years trtying to milk a $50k settlement out of it... I know I know plenty. Getting hit is thought of as winning a jackpot here by way too many people.

I had a lawyer for a guy I know phone me as a "witness" the other day to ask me if I noticed my friend was angrier or less social or got worse at playing hockey after he hit someone who turned left in front of him. 4 years ago. Also asked if he gained weight. called up the guy I know and he's looking for like half a mill! He still plays hockey and does all his normal shit, he's angry because of relationship situations, not his accident and he gained weight cuz he stopped exercising on his own accord... absolutely nothing to do with his crash. Lawyer was a total scumbag too, kept trying to suggest different ways I could say things and looking for keywords... basically trying to tell me what to provide as a statement. SMH.

[320icar]

The only time an injured person will still be able to sue for compensation under the new no-fault model will be if the at-fault driver is convicted of intoxication, dangerous driving or other criminal negligence.

So unless it’s some kid in a sports car blasting through red lights and hits me, I’m SOL. If it’s snowing and some clai hits my car and I hurt my back I’m SOL?

[AstulzerRZD]

Originally Posted by 320icar

So unless it’s some kid in a sports car blasting through red lights and hits me, I’m SOL. If it’s snowing and some clai hits my car and I hurt my back I’m SOL?

From what I understand, you won't have to sue the other person anymore to get payout.

ICBC will provide treatment and your doctor (not your adjuster) will be in charge of determining the care needed.

[JDMDreams]

When does this kick in? Will it effect current claims or future ones?

[AstulzerRZD]

Originally Posted by JDMDreams

When does this kick in? Will it effect current claims or future ones?

AFAIK there's still fault determination, just that any accident benefits your doctor thinks you need are paid directly to you without having to sue.

Still needs to get approved, would kick in for 2021.

[Traum]

I, for one, would be happy to see the bloody sucking ICBC personal injury lawyers going out of business over this change.

But ICBC says it'll still take up to 7 years to clear through the current backlog...

[underscore]

For someone not well versed in legalese, does this mean all the scumbag lawyers who "fight for you" (but then want 70% of the payout) will end up a thing of the past?

[Traum]

Originally Posted by underscore

For someone not well versed in legalese, does this mean all the scumbag lawyers who "fight for you" (but then want 70% of the payout) will end up a thing of the past?

I think most of that industry will go away, because the change means they will hardly get any business anymore except in certain specific cases.

[roastpuff]

Originally Posted by underscore

For someone not well versed in legalese, does this mean all the scumbag lawyers who "fight for you" (but then want 70% of the payout) will end up a thing of the past?

And they get max 33% of the payout (which is still significant). Hooray for less injury lawyer ads!

[Hondaracer]

I listened to CKNW this morning for a few hours discussing both sides of this. Frankly I think it sounds like a decent thing as long as it’s implemented somewhat correctly.

Imo getting into a collision and being injured should have never resulted in Somone thinking they won the lottery. It’s pretty gross these people with minor injuries, or no injuries at all not lifting a finger after getting into minor collisions in an attempt to get better on their own rather than just sitting around waiting for a cheque to be cut. That is the core of why insurance costs so much imo.

As 68 said above, everyone knows Somone who tried to milk the system and draw things out for years until they were either found to be lying or finally got a cheque after wasting months of not years of their lives.

Hell, even my wife and her friend were rear ended on boundary coming home from work one day and both had sore necks/backs which were eventually righted through normal stretching, a bit of Physio and stretching etc. To the point where she forgot the case was still open. ICBC then phoned her up out of the blue one day and said they wanted to close her case and offered her 4K to accept it as closed. She accepted and called me laughing as she didn’t even remember it being still open..

Get the treatment you need to get back to work, or to get back to being healthy enough to be retrained into a different workforce. It isn’t a lotto ticket.

Of course all the lawyers they interviewed on CKNW all hated it and said this is terrible for everyone, people are going to regret it etc. Yea cause the main revenue source for many firms is going to run completely dry you ducking amblunance chasers

[vitaminG]

In Quebec they have no fault and it only covers you for injury or death. Your vehicle insurance is fully private. I would love to see a system like this. We might even be able to get better insurance products, particularly for those of us who own multiple vehicles

[AstulzerRZD]

Originally Posted by Hondaracer

I listened to CKNW this morning for a few hours discussing both sides of this. Frankly I think it sounds like a decent thing as long as it’s implemented somewhat correctly.

Of course all the lawyers they interviewed on CKNW all hated it and said this is terrible for everyone, people are going to regret it etc. Yea cause the main revenue source for many firms is going to run completely dry you ducking amblunance chasers

TBH I was really skeptical but it feels like they've thought this through.

Only time will tell what ICBC's attitude and fairness looks like as they go through with implementing this.

I admire the NDP for having the cajones to at least try and do this restructuring.

[trollface]

Originally Posted by 68style

It's only gonna get worse... there's no winning this... even private is not the answer. My best friend owns a private insurance agency in Alberta and he tells me plenty of horror stories from there about how private works (or doesn't work) that make ICBC look like a walk in the park.

The real problem is people's varying levels of battle when they get hurt or perceive being hurt or see something as a way to make some cash and will stop at nothing to make it. Every single one of us knows at least 1 person that was involved in a minor collision that spent 3+ years trtying to milk a $50k settlement out of it... I know I know plenty. Getting hit is thought of as winning a jackpot here by way too many people.

I had a lawyer for a guy I know phone me as a "witness" the other day to ask me if I noticed my friend was angrier or less social or got worse at playing hockey after he hit someone who turned left in front of him. 4 years ago. Also asked if he gained weight. called up the guy I know and he's looking for like half a mill! He still plays hockey and does all his normal shit, he's angry because of relationship situations, not his accident and he gained weight cuz he stopped exercising on his own accord... absolutely nothing to do with his crash. Lawyer was a total scumbag too, kept trying to suggest different ways I could say things and looking for keywords... basically trying to tell me what to provide as a statement. SMH.

And what did you do?

[68style]

^ It's tough cuz you don't want to be a shitty friend, but in the end I told the lawyer if I was called as a witness that I couldn't sit there and tell anyone with good conscience that I believed the accident to be responsible for any of the injuries/effects being presented. The lawyer said there doesn't even need to be a causation chain, he just needs to confirm that he's fatter than he used to be and angrier than he used to be and less social than he used to be and the "WHY" doesn't matter............ and, well, those things are all true... he is fatter and angrier and less social... but it's because of his relationship not the accident. The lawyer said all he needs to know is that he's not the same now as he used to be and that's it, thank you very much!

The system is so flawed.

[trollface]

That's the most lawyer thing I've ever read and it's really damn clever.

[twitchyzero]

NDP making some massive changes not just in ICBC
they're also merging health care regulatory bodies
and we finally got ride hailing
tolls long gone

finally, a govt with some nads that just isn't all talk

[AstulzerRZD]

Originally Posted by twitchyzero

they're also merging health care regulatory bodies

finally, a govt with some nads that just isn't all talk

What's going on with the healthcare bodies?

[punkwax]

[twitchyzero]

i'm just happy a new season of Better Call Saul is finally airing again

[van_city23]

the lawyers will make money, if not in personal injury then some other area. Issue is that NDP said they're still going to take money out of icbc to use in other areas like health care, etc. Issue with that is that i don't think the savings from the court process will result in a proportionate rate decrease. i don't see any government just giving back money to ppl in this day and age.

[welfare]

Long overdue. But I'll believe these massive savings when i see them.
If i know one thing from seeing the NDP run provinces, it's that nothing ever gets cheaper for the average Joe.
Hope I'm wrong.

[Manic!]

Originally Posted by welfare

Long overdue. But I'll believe these massive savings when i see them.
If i know one thing from seeing the NDP run provinces, it's that nothing ever gets cheaper for the average Joe.
Hope I'm wrong.

Does anything ever get cheaper?

[Hondaracer]

the insurance cuts will likely be campaign promises in the next election