Lawyers call it a 91裸聊视频渕eat chart.91裸聊视频� It91裸聊视频檚 the schedule of payments for car crash injuries used by what they call 91裸聊视频渘o fault91裸聊视频� vehicle insurance companies 91裸聊视频� 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 91裸聊视频減ain and suffering91裸聊视频� payments and diverting smaller ICBC injury disputes to an independent tribunal is about to heat up.
The role of the 91裸聊视频淐ivil Resolution Tribunal91裸聊视频� 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
91裸聊视频� 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 91裸聊视频渋ndependent91裸聊视频� is questionable, 91裸聊视频済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,91裸聊视频� states.
The trial lawyers went on to attack the government91裸聊视频檚 definition of minor injury, and described an injured person91裸聊视频檚 ability to estimate lost future earnings as 91裸聊视频渁 supreme feat of clairvoyance heretofore unknown to British Columbians.91裸聊视频�
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. 91裸聊视频淚t was not a for-profit enterprise, it was a for-people enterprise,91裸聊视频� he said.
Premier invokes Dave Barrett91裸聊视频檚 1973 vision for the creation of
91裸聊视频� 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 91裸聊视频渘o fault91裸聊视频� assessed to people who cause accidents.
91裸聊视频淔ault matters still,91裸聊视频� Horgan said. 91裸聊视频淵ou can91裸聊视频檛 run into someone without consequences. Your rates will go up. If you91裸聊视频檙e found criminally responsible or negligent, you can be sued. So we91裸聊视频檙e not taking the opportunity for claimants to sue. We91裸聊视频檙e saying in most instances, let91裸聊视频檚 provide the care first.91裸聊视频�
Eby described the effect of lawsuit-based insurance on the health care system.
91裸聊视频淚91裸聊视频檝e had a number of meetings with doctors where they express increasing concern about the role they91裸聊视频檙e asked to play in the litigation system,91裸聊视频� Eby told reporters at the B.C. legislature. 91裸聊视频淭hey have lawyers calling them and asking them to run certain tests on their patients that they don91裸聊视频檛 feel are medically necessary. They91裸聊视频檙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.91裸聊视频�
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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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