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ARTICLE · 11 APRIL 2019

Minor Injury Cap – Motor Vehicle Claims In BC (Part 1)

Alexander Holburn Beaudin + Lang LLP
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In 2018 the British Columbia government announced major changes to the Insurance (Vehicle) Act ("IVA"), with the intention of addressing a significant increase in the cost of claims over recent years.

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In 2018 the British Columbia government announced major changes to the Insurance (Vehicle) Act ("IVA"), with the intention of addressing a significant increase in the cost of claims over recent years. The most significant change comes in the form of a "minor injury cap", which will provide an upper limit to non-pecuniary damages claimed for motor vehicle accidents in which only "minor injuries" were sustained. This applies to accidents occurring on and after April 1, 2019.

Although the main focus of attention has been on the minor injury cap, the legislation has also quietly made other significant changes, including an increase in accident (medical) benefits, an increase in wage benefits, and the expanded deductibility of certain benefits from tort awards, reducing tort damages in certain cases.

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