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 your crash occurred before May 1, 2021, and you want to dispute a minor injury determination, here's how to proceed.
If your crash occurred on or after May 1, 2021
Enhanced Care came into effect on May 1, 2021. Crashes that happened on or after May 1 follow the rules of Enhanced Care and the information on this page may not apply. If your crash happened on or after May 1, 2021, contact your claim representative for more information.
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.