Just over a year after announcing that ICBC will move to a “no-fault” system starting May 1, 2021, the provincial government released regulations related to that system. Overall, the Enhanced Care regime guarantees medical and rehabilitation benefits while removing the ability to litigate over damages – except in limited circumstances such as street racing, impaired driving and faulty manufacturing.

Enhanced Benefits will include:

• No limit on accident benefits. In the last few years, this has gone from $150,000 (for accidents that occurred on or before December 31, 2017) to $300,000 (for accidents on or after January 1, 2018 to April 30, 2021) and a previously proposed $7.5m limit;
• Broad medical and rehabilitation treatments, including physiotherapy and counselling;
• Support with activities of daily living while recovering, including cleaning and personal care;
• Lump sum compensation for serious or life-altering injuries of up to either $167,000 to $260,000 depending on the level of permanent impairment;
• Income replacement of up to 90% of your net income (based on a maximum gross annual income of up to $100,000) and optional top-up for high-wage earners; and
• Counselling and care-giver benefits and death benefits for eligible family members.

The inability to litigate motor vehicle claims except in rare circumstances is an overhaul of a long-established adversarial system in BC. With this new system come many changes and Clark Wilson is here to support your first party accident benefit claims going forward.