Have you had a car accident and been told by ICBC you suffered a "minor injury"?

If you were involved in a car accident after April 1, 2019, in B.C., the new rules regarding motor vehicle accident settlements may apply to your claim, and the definition of a 'minor injury' may be important to you.

The newly legislated definition of a 'minor injury' includes things such as whiplash, soft tissue injuries, amongst other injuries. However, before you agree to settle your claim with ICBC, you should know that any of the so-called 'minor injuries' may not be considered 'minor injuries' if they persist for a period of time over 12 months, have a significant impact on your work, education, or daily activities, and may not substantially improve.

Secondly, although concussions have been included in the government's definition of a 'minor injury', there are limits to this label as any concussion that results in a mental or physical incapacity lasting more than 16 weeks may no longer be considered a 'minor injury'.

As a lawyer who has practiced in the personal injury field for over 8 years, I have worked with many clients whose injuries may have initially seemed fairly minor but which in fact, did not improve, persisted for years, and became a substantial impediment in living their lives. So before you settle your so-called 'minor injury' claim with ICBC, do yourself a service, and contact me, or one of our team of experienced personal injury lawyers for legal advice, to ensure you make an informed decision.

Luke Bergerman
Partner
MJB Lawyers

*This article is written solely for discussion purposes and is not a substitute for proper legal advice