Conservatives Scott Anderson says, “Limiting the use of experts, to reduce costs and delays in motor vehicle disputes, is just is nibbling around the edges of ICBC’s real problem”
BC Attorney Genera, David Eby |
Yesterday, David Eby’s Ministry of the
Attorney General announced changes to court rules which he says will help bring balance between reducing legal
costs and the ability of British Columbians injured in motor vehicle accidents
to receive the medical benefits and settlements they need to recover from their
injuries.
“The intent of these reforms is to avoid the
costs and delays associated with the disproportionate use of experts and
reports that we are seeing used today … without removing access to further
expertise in situations where it’s necessary”, Eby is quoted as stating.
Attorney General Eby continued, “These changes are meant to encourage greater
use of court-appointed, or joint experts, to provide a more neutral expert
opinion and assist the court in determining appropriate amounts for injury
claims.”
It seems then, that the Ministry is trusting
that amendments to the Supreme Court Civil Rules Regulation, will put a stop to
the disproportionate use of experts and expert reports, which are currently
being used in ICBC motor vehicle-related court cases. The new process has been designed to
encourage earlier settlements, thereby reducing the costs of settling vehicle
injury claims.
However, BC Conservative Party Interim Leader
was quick in his response:
“I would say that limiting parties to the use of one expert, makes it hard to mount a claim if the claim is for unrelated damages. A prime example would be if someone is in an accident, and seeks both physical and psychological damages.”.
“I would say that limiting parties to the use of one expert, makes it hard to mount a claim if the claim is for unrelated damages. A prime example would be if someone is in an accident, and seeks both physical and psychological damages.”.
BC Conservative Party Interim leader Scott Anderson |
“This
should be concerning”, continued Anderson.
“The governments proposed
amendments state that they are meant to” … limit the number of experts and expert
reports permitted to address the issue of damages, such as wage loss, future
wage loss and future care that can be used by each side of a motor vehicle
dispute …
“How is a Doctor of medicine equipped to
speak to psychological issues, and vice versa?”, questioned the
Conservatives Scott Anderson.
These
changes, according to the Attorney Generals Ministry, will be applied at
the beginning next February, to all ICBC personal injury claims, subject to
further analysis and consultation which the ministry plans to undertake.
Anderson’s
response on that however was succinct:
“I applaud the sentiment but the execution is faulty. In any event, this is nibbling around the edges of the real problem ICBC faces; the ability of governments to loot the corporation.”
“I applaud the sentiment but the execution is faulty. In any event, this is nibbling around the edges of the real problem ICBC faces; the ability of governments to loot the corporation.”
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