Every claim made to ICBC is unique in its own right as factors for collision vary according to the situation. The value on an ICBC claim is also determined according to the situation and a number of factors such as who is at fault, injuries incurred, and the effect of injury on the victim’s everyday life as well as employment. Based on a thorough review and assessment, ICBC then settles the claim at a fair cost.
In order to make assessments, ICBC typically uses Injury assessment Guidelines based on which compensation is decided. It is advisable to seek help of an experienced Caissie ICBC Lawyer who will be able to guide as well as advice regarding the legal procedures and ensure a fair settlement amount.
Injury Assessment Guidelines
It is very important to know the injury assessment guidelines while negotiating with ICBC for settlement. Cases where serious injuries have been incurred, settlements are reviewed on claim by claim basis according to the medical evidences available. For soft tissue injuries ICBC uses the Injury Assessment Guidelines in order to settle the compensation claims.
ICBC’s Injury Assessment Guidelines for soft tissue injuries is especially applicable to Whiplash injuries and the monetary cap of damages for such injuries can range from $6,500 to $15,000, depending on the severity of the injury as well as the duration. Injury Assessment Guidelines are not applicable on the court of law and thus a court may grant a settlement amount based on its own independent procedures. Thus these guidelines are internal guidelines and courts are not bound by them.
The Quebec Task Force (QTF) in 1995 published a grading system for various type of Whiplash associated Disorders (WAD). This grading system was adopted by ICBC. The WAD injury grades include;
- Grade 0 WAD: No neck problem or signs of any physical injury
- Grade 1 WAD: Neck pain consisting of stiffness and tenderness, no signs of physical injury
- Grade 2 WAD: Neck pain along with musculoskeletal injuries
- Grade 3 WAD: Neck pain along with neurological injuries
- Grade 4 WAD: Neck pain and fracture or dislocation
Based on the above grading, ICBC’s injury guidelines are as follows;
- Mild Injury: Includes WAD 1 and WAD 2 injuries which usually heal within 6 months and cause not more than 2 months of total disability. Up to $6,500 maybe given as non-pecuniary damages
- Mild/Moderate Injury: Includes WAD 2 injuries which usually heal within 12 months and cause not more than 4 months of total disability. Up to $10,000 maybe given as non-pecuniary damages.
- Moderate Injury: Includes severe WAD 2 injuries which heal within 24 months and cause not more than 12 months of total disability. Up to $15,000 maybe given as non-pecuniary damages.
These guidelines are not absolute and as stated the court is not bound by them, thus in many cases the court may order more than the given cap under the guidelines. An adjuster from ICBC makes sure to settle the claim within the given caps. In case the individual is not content with the settled amount, he can hire an ICBC lawyer in Surrey who then helps the claimant to fight the case in court and demand greater remuneration.
Basic ICBC Injury Assessment Guidelines 