ICBC’s CAP Limits Damages…Protect Your Rights!
Injured in a car crash in British Columbia after April 1, 2019?
Lawyer David Osborne on the ICBC Cap and Protecting Your Rights
Drastic changes to the law have been imposed by the British Columbia government, effective from April 1, 2019 onwards.
What you and any reasonable person would consider to be a serious injury can now be defined by ICBC as a minor injury claim.
ICBC has established a CAP. This is a definition of what, since April 1, 2019, constitutes a minor injury. The CAP and the CAP Tribunal is a new and complex process that determines if your serious injury will be considered to be minor.
If you make simple errors in the early days following your injury, they could lead to your serious case being permanently treated by ICBC as a minor injury claim, resulting in limited compensation that is grossly unfair.
If we believe that your serious injury claim can successfully be removed from the CAP tribunal process, we will advocate on your behalf within that process to have your case removed and an action commenced in the Supreme Court of BC.
For serious injury claims which do not fall under the CAP definitions, we will advance your claim to commence an action in the Supreme Court of BC, use all avenues to negotiate or advance a full and fair settlement and if necessary, prosecute the claim for a full award of damages in Supreme Court.