Personal Injury Practice Areas

With the new icbc rules you must act fast as there are important deadlines that you must be aware of. If you have been injured in a car, truck, motorcycle, bus/transit, moped, or scooter accident, we will work diligently on your behalf to ensure that ICBC pays for the necessary medical treatment you require both in the short term and long term. We will also advocate on your behalf to ensure that you receive appropriate compensation to which you are entitled.

Our team will meet with you to discuss the details of your claim and your legal options. In the circumstance you were partly at fault for the accident, you will still be entitled to medical benefits as well as injury compensation. You will be working one on one with a lawyer who will help you through your case and will guide you on what you need to do. Our team has successfully advanced car, truck, motorcycle, bus/transit, moped, and scooter accident cases in the past and has obtained remarkable results for our clients.

Were you struck as a pedestrian by a driver of a motor vehicle?

Injuries from pedestrian accidents can involve serious physical and emotional trauma. Pedestrian accidents occur when a driver of a motor vehicle collides into a pedestrian. In order to ensure that you are protected and know your rights you should contact us immediately. We can guide you through your recovery process by helping you receive quality medical care and treatment after your injury. We will also work with you to ensure that you receive fair compensation for your injuries.

With the increasing number of cyclists sharing the road with motorists we are seeing a growing number of bicycle accidents in British Columbia. If you are a cyclist who has been injured by the careless/dangerous act of a driver, you may have a legal claim for the damages you have suffered, including pain and suffering, medical costs, loss of past and future income, and future medical care. Ronald Kumar Law Group has experience in dealing with traffic-related injury law and we have successfully litigated many bicycle-crash cases.

If you were involved in a hit and run accident call us today. Under Section 24 of the Insurance (Vehicle) Act, ICBC is required to compensate you for death or injury or for damage to a vehicle even if the at-fault motorist is unknown.

If you have sustained injuries from the hit and run accident the current law requires that you take reasonable steps to identify the at-fault vehicle and its driver (i.e. filing a police report, obtaining witnesses, obtaining vehicle license plate number, vehicle make and model, placing signs at the scene of the accident asking for any potential witnesses to come forward) To successfully advance your hit-and-run claim you must show that the identity of the driver and the vehicle involved in the accident was not ascertainable.

Accidents that occur while you are travelling as a passenger in a bus or sky-train. Whether the bus/sky-train applies its brakes excessively hard causing you to fall and get hurt, or if the bus is involved in an accident with another motor vehicle, we can help. We have successfully advocated for and have achieved optimum results for our clients that have been injured in bus/transit accidents.

Injured in an accident? Is ICBC saying your injury is minor?
If you have sustained injuries you still have the right to pursue compensation.

Death due to the negligence or misconduct of another person or party. Death to a friend or family member can be very tough. We have experience with such cases and we can help you every step of the way.

Citizens protection from abuse or injury by police misconduct.

Assaults or injuries from a bar or night club event. Assaults or injuries that may occur at the hands of staff or patrons of the club, we can help.

Accidents from slipping or tripping and falling on someone else’s property.

How Compensation Works

If you have been injured in a motor vehicle accident, you may be entitled to compensation for the following:

  • General damages – the purpose of this award is to compensate you for your pain and suffering based on your type of injury, the impact that the injury has had / is expected to have on your quality of life.
  • Past income loss / Past loss of opportunity– the purpose of this award is to compensate you for loss of income when your injuries stop you from working after the accident, or have stopped you from pursuing income or business related opportunities.
  • Future loss of income / Loss of earning capacity – if your injuries are likely to result in a permanent or ongoing disability, and there is a “real or substantial possibility” that you will suffer a loss of income earning capacity in the future as a result of your injuries, there may be the legal basis for an award for future income loss.
  • Cost of future care – if there is likely to be a future (permanent or ongoing) disability or care need, and there is medical justification that treatment or rehabilitation will be required in the future as a result of those injuries, an award may be made for the cost of the future care.
  • Special damages – this award is intended to reimburse you for reasonable “out of pocket” expenses incurred as a result of your injuries (i.e.: money spent on non-prescription medication, equipment, mileage and parking incurred in relation to treatment, etc.).
  • In trust claims – are intended to recognise that friends and family members also make sacrifices and contributions to assisting injured parties in coping with their accident-related injuries. In trust claims are intended to recognise the economic value of such contributions.

ICBC Benefits

After April 1, 2019 ICBC should be fully funding your treatments. You shouldn’t be paying anything out of pocket for treatments.  ICBC will only fund and reimburse treatment pursuant to the rates below:

ICBC Treatment Funding Per Session 

Acupuncture $88
Chiropractic $53
Counselling $120
Kinesiology $78
Massage Therapy $80
Physiotherapy $79
Psychology $195

We recommend finding a treatment provider who charges a maximum of the prescribed amount per session and bills this amount directly to ICBC. If you treat at treatment practitioners who are charging higher rates than the prescribed rates, you will likely not be receiving reimbursement from ICBC for any amount in excess of the prescribed rates.

All receipts for medical treatment, equipment, and other out-of-pocket expenses (including prescriptions, treatment sessions, medical equipment) must be submitted to ICBC within 60 days of the treatment or purchase date or it may not be reimbursed. 

The amount of TTDs are capped at a maximum of $740/week and is calculated at 75% of a person’s average weekly earnings in the 52 weeks before the accident. You normally have to use up E.I. and extended benefits through your employer first before ICBC will consider giving you TTD benefits.

Injury Expertise

We represent clients who have suffered all types of injuries including:

  • Neck and Back injuries
  • Whiplash/Soft Tissue injuries
  • Strains
  • Bursitis or tendonitis
  • Contusions/bruises
  • Dislocations
  • Nerve damage
  • Thoracic outlet injury
  • Orthopaedic Injury
  • Fibromyalgia
  • Temporomandibular Joint Injury (TMJ)
  • Knee injuries
  • Shoulder injuries
  • Degenerative conditions
  • Chronic pain
  • Fractures/broken bones
  • Aggravation of pre-existing conditions
  • Brain Injury
  • Spinal Cord Injury
  • Headaches/migraines
  • Concussion
  • Tension/Anxiety/Stress/PTSD

ICBC/CRT Claims

We take on ICBC/CRT cases and will fight for you to ensure you get fair compensation. We take on ICBC injury cases, regardless of the magnitude, and fight for our client’s rights.

What are the New Rules?

The new law regarding a cap of $5,500.00 for pain and suffering (soft tissue injuries) will not affect any car accident that occurred before April 1, 2019. So if you accident occurred before this date, the new rules will not apply to your case.

A cap of $5,500.00 for pain and suffering (soft tissue injuries) will apply to auto accident claims that occur after April 1, 2019. The $5,500.00 soft tissue injury cap is only for pain and suffering. You are still entitled to claim for wage loss, future capacity, and out of pocket expenses on top of your pain and suffering claim. Under the old rules there was no monetary cap for pain and suffering. Under the new rules unless you can prove that your injury is not minor, your case will fall within the jurisdiction of the Civil Resolution Tribunal (CRT).

The Civil Resolution Tribunal (CRT) now has jurisdiction over motor vehicle accident claims where the Claimant has suffered minor injuries. If possible we will fight to get your case out of the minor injury designation.

Is it Worth Hiring a Lawyer if Your Injury is Minor?

Yes it is still worth hiring a lawyer if your injury is minor. Dealing with the ICBC CRT process can be challenging as there are a number of rules and important deadlines that need to be followed. If you miss a step along the way, your claim can be denied. Dealing with an ICBC adjuster can also be complicated as their interests are not to protect your rights, but rather to save ICBC money. So they will do whatever it takes to pay you the least amount possible and close your claim as quickly as possible. Remember, just because there is a cap of $5,500.00 for your pain and suffering claim, it doesn’t mean that ICBC will automatically give you $5,500.00. We will need to fight for it. If you are injured in an accident, and if your injury is minor, call us today to discuss your options.  

Who Makes the Decision Regarding Your Claim

For motor vehicle accidents on or after April 1, 2019 the Civil Resolution Tribunal (CRT) will make decisions on the following matters:

  • The determination that an injury is a minor injury or not
  • The entitlement to receive accident benefits claimed
  • Decisions around who is responsible for the crash
  • Settlement amounts for all injury claims below $50,000.   

The Civil Resolution Tribunal (CRT) has jurisdiction over minor injuries sustained due to a motor vehicle accident that occurred in British Columbia on or after April 1, 2019. This means that any disputes over minor injury claims cannot be resolved in Supreme Court, unless you can prove your injuries are not “minor”.

The CRT has jurisdiction on motor vehicle accident claims up to $50,000. Claims exceeding $50,000 will be deferred to the courts.  The onus is on the claimant to provide substantial evidence that his or her claim will likely exceed $50,000. If the dispute is denied by the CRT, the claimant will be subject to the new $5,500 limit on pain and suffering awards for minor injuries. The $5,500 cap is only for pain and suffering. You are still entitled to claim for other heads of damages such as wage loss, loss of earning capacity, and special damages (out of pocket expenses).

DEFINITION OF “MINOR INJURY” IN THE INSURANCE VEHICLE ACT

“minor injury” means a physical or mental injury, whether or not chronic, that

(a) subject to subsection (2), does not result in a serious impairment or a permanent serious disfigurement of the claimant, and

(b) is one of the following:

(i) an abrasion, a contusion, a laceration, a sprain or a strain;

(ii) a pain syndrome;

(iii) a psychological or psychiatric condition;

(iv) a prescribed injury or an injury in a prescribed type or class of injury;

Examples of a “Minor Injury”

  • Abrasion
  • Contusion
  • Laceration
  • Strain – Includes 1st and 2nd degree strains but excludes 3rd degree which include torn muscles
  • Spain – Includes 1st and 2nd degree sprains but excludes 3rd degree which include torn ligaments
  • Temporomandibular Joint Disorder (TMJ/Jaw)
  • Pain Syndrome – means a syndrome or disorder or other clinical condition associated with pain, including pain that is not resolved within 3 months
  • Whiplash Associated Disorder (WAD) – includes WAD 1 or 2, but excludes WAD 3 or 4, which involve neurological symptoms, fractures or dislocations of the spine
  • Psychological and psychiatric conditions – which do not result in an incapacity beyond 16 weeks
  • Concussion – which does not result in an incapacity beyond 16 weeks

Serious impairment means a physical or mental impairment that is not resolved within 12 months, or another prescribed period, if any, after the date of an accident, and meets prescribed criteria

“Prescribed criteria” of serious impairment includes the following:

Affects the claimants/patient’s: (1) employment; (2) training/education; or (3) activities of daily living

Primarily caused by the accident and

Ongoing since the accident; AND

Impairment must not be expected to improve substantially.

After April 1, 2019 ICBC should be fully funding your treatments. You shouldn’t be paying anything out of pocket for treatments.  ICBC will only fund and reimburse treatment pursuant to the rates below:

ICBC Treatment Funding Per Session 

Acupuncture $88
Chiropractic $53
Counselling $120
Kinesiology $78
Massage Therapy $80
Physiotherapy $79
Psychology $195

We recommend finding a treatment provider who charges a maximum of the prescribed amount per session and bills this amount directly to ICBC. If you treat at treatment practitioners who are charging higher rates than the prescribed rates, you will likely not be receiving reimbursement from ICBC for any amount in excess of the prescribed rates.

All receipts for medical treatment, equipment, and other out-of-pocket expenses (including prescriptions, treatment sessions, medical equipment) must be submitted to ICBC within 60 days of the treatment or purchase date or it may not be reimbursed.

Our Fees and How it Works

We are a plaintiff only firm, meaning we only represent the injured party and not the insurance company. Our clients retain us through a contingency fee agreement. This means you will not pay any legal fees to us unless we recover money for you. You will not pay us anything out of your own pocket. We get paid a percentage out of the money we recover for you.