Lawyers call it a B次元官网网址渕eat chart.B次元官网网址� ItB次元官网网址檚 the schedule of payments for car crash injuries used by what they call B次元官网网址渘o faultB次元官网网址� vehicle insurance companies B次元官网网址� this much for losing an arm, that much for a leg.

That system is coming to the Insurance Corp. of B.C. in April 2021, after Premier John Horgan and Attorney General David Eby started digging into the soaring costs and rates faced by ICBC and its monopoly customer base. A battle with personal injury lawyers that began with capping B次元官网网址減ain and sufferingB次元官网网址� payments and diverting smaller ICBC injury disputes to an independent tribunal is about to heat up.

The role of the B次元官网网址淐ivil Resolution TribunalB次元官网网址� will expand next year to deal with disputes in all injury cases, saving ICBC an estimated $1.5 billion in legal fees, courtroom experts and related costs.

Attorney General says lawyers take a third of uncertain injury settlements with

B次元官网网址� Tom Fletcher (@tomfletcherbc)

The Trial Lawyers Association of B.C. was quick to challenge the tribunal approach, in a letter to Eby as it took into effect last April.

Calling it B次元官网网址渋ndependentB次元官网网址� is questionable, B次元官网网址済iven that tribunal members are appointed by government for modest fixed term, and who render decisions that directly impact ICBC, a Crown corporation that answers directly to you as Attorney General,B次元官网网址� states.

The trial lawyers went on to attack the governmentB次元官网网址檚 definition of minor injury, and described an injured personB次元官网网址檚 ability to estimate lost future earnings as B次元官网网址渁 supreme feat of clairvoyance heretofore unknown to British Columbians.B次元官网网址�

Announcing the change Thursday, Horgan defended it as a return to the spirit in which former premier Dave Barrett created it in 1973 as a break-even proposition. B次元官网网址淚t was not a for-profit enterprise, it was a for-people enterprise,B次元官网网址� he said.

Premier invokes Dave BarrettB次元官网网址檚 1973 vision for the creation of

B次元官网网址� Tom Fletcher (@tomfletcherbc)

Horgan said the payment schedule includes a 24-fold increase in the maximum payout for serious, disabling injuries, from about $300,000 to $7.5 million, and in some cases more to cover costs of life-long nursing care.

He rejected the idea that taking disputes out of a slow, expensive trial process means there is B次元官网网址渘o faultB次元官网网址� assessed to people who cause accidents.

B次元官网网址淔ault matters still,B次元官网网址� Horgan said. B次元官网网址淵ou canB次元官网网址檛 run into someone without consequences. Your rates will go up. If youB次元官网网址檙e found criminally responsible or negligent, you can be sued. So weB次元官网网址檙e not taking the opportunity for claimants to sue. WeB次元官网网址檙e saying in most instances, letB次元官网网址檚 provide the care first.B次元官网网址�

Eby described the effect of lawsuit-based insurance on the health care system.

B次元官网网址淚B次元官网网址檝e had a number of meetings with doctors where they express increasing concern about the role theyB次元官网网址檙e asked to play in the litigation system,B次元官网网址� Eby told reporters at the B.C. legislature. B次元官网网址淭hey have lawyers calling them and asking them to run certain tests on their patients that they donB次元官网网址檛 feel are medically necessary. TheyB次元官网网址檙e asked to spend an increasing amount of their time writing reports for the purposes of litigation, which they feel is distracting them from care-giving.B次元官网网址�

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With a $5,500 cap on pain and suffering awards in place since last April, ICBC estimates it will save $1 billion in the current fiscal year on legal costs. But if the current lawsuit system continued, it estimates the capped payments would total more than $900 million by 2022, paid out to people who had temporary discomfort rather than a permanent disability.

tfletcher@blackpress.ca
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