Minor injury determination disputes
If your injury falls within the minor injury definition found in regulations, this only affects your compensation for pain and suffering — not your access to benefits and treatments. If you want to dispute a minor injury determination, here's how to proceed.
About the minor injury determination
B.C's minor injury definition includes injuries such as sprains, cuts, and minor whiplash — read the full explanation of a minor injury.
A medical professional – not ICBC – will diagnose your injury, and ICBC will use this diagnosis to assess whether it is minor or not, based on the minor injury definition found in regulations. The determination of an injury as minor only affects your compensation for pain and suffering, not the medical treatments and benefits you need to recover.
Talk to your ICBC claim representative
Start by talking with your claim representative. It's important that both of you understand all the factors involved. It's also your opportunity to point out any details that may have been overlooked or ask questions about how the minor injury determination was made.
If you're still not satisfied after speaking with your claim representative, you can ask to speak to their manager. The determination may be able to be changed, for example, if the injury is causing serious impairment to your life for longer than 12 months, or 16 weeks in the case of concussions or mental health conditions.
File a dispute with the Civil Resolution Tribunal
From April 1, 2019 and onward, the Civil Resolution Tribunal (CRT) is available to address certain disputes between customers and ICBC, including minor injury determination disputes.
The CRT is independent of ICBC and can solve some disputes without involving legal representation. Find out more about filing a dispute and how the CRT may be able to help.
File a minor injury dispute in BC Supreme Court
A customer can choose whether to pursue their minor injury dispute in the CRT or file their claim in Court.