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On April 1, 2019 the CRT will start resolving many motor vehicle accident injury (MVI) disputes in British Columbia.

This includes disputes about accident benefits, disputes about damages and fault up to $50,000, and determining whether an injury is a “minor injury”.

Solution Explorer

Using our Solution Explorer is the first step in the CRT process. It has free legal information and tools to help you resolve your dispute on your own.

We worked with personal injury lawyers and other experts to develop content for this area. We’ll be testing it with stakeholders, community advocates, and the public between January and March 2019.

The Solution Explorer area for MVI disputes will open to the public on April 1, 2019.

 

Dispute resolution

If you can’t resolve your dispute on your own, you may be able to apply for dispute resolution with the CRT. You can apply right from the Solution Explorer. It will send you to the correct application form for your type of dispute.

We’re working with experts and community advocates to develop, test, and refine our online application for MVI disputes. We’re also hiring and training more staff and tribunal members and developing new rules and processes for MVI disputes.

We’ll start accepting applications for MVI dispute resolution on April 1, 2019. To qualify for this area of jurisdiction, the accident needs to have happened on or after April 1, 2019.

Before April 1, you can apply for dispute resolution for a motor vehicle accident or injury under our small claims jurisdiction. The most you can claim is $5,000. You can still apply for dispute resolution for a motor vehicle accident under our small claims jurisdiction after April 1, too.

Have questions? Read on…

About the CRT

  • Is the CRT the same as a court?

    The CRT is an administrative tribunal, not a court. But like a court, the CRT is part of the public justice system, its tribunal members are independent and neutral, and it is required to apply the law and make enforceable decisions.

    The CRT has jurisdiction over most MVI disputes, as well as strata property disputes, small claims under $5,000 and soon, societies and cooperative association disputes.

    In most cases, you have to use the CRT and not the court to resolve disputes in these areas.

  • Who will decide my dispute?

    If you can’t reach an agreement, an independent CRT member will decide your dispute.

    All CRT members are expert decision-makers and are appointed after an extensive merit-based competition process.

    CRT members deciding MVI disputes are lawyers with expertise in personal injury law.

  • Are CRT members employed by ICBC?

    No. CRT members are independent and appointed by the provincial government, based on recommendations by the CRT Chair, after an extensive , merit-based competition.

    The competition includes strict application criteria, intensive screening, an anonymously evaluated decision-writing exercise, a panel interview, reference checks, and other due diligence.

    In addition, all CRT tribunal members must follow the CRT Code of Conduct.

Applying for CRT dispute resolution

  • What kind of motor vehicle injury disputes can the CRT resolve?

    On April 1, 2019 the CRT will start resolving many motor vehicle accident injury (MVI) disputes in British Columbia.

    This includes disputes about your entitlement to accident benefits, disputes about damages and fault up to $50,000, and determining whether an injury is a “minor injury”.

  • Do I have to try to settle with ICBC first?

    You might get a faster resolution if you negotiate a settlement with the insurer. But if you can’t reach a settlement on your own, the CRT is here to help.

  • Can I apply if the accident happened outside BC?

    Yes. If the accident happened outside BC, you can make a claim under our small claims jurisdiction. But the most you can claim is $5,000.

  • Can I apply if the accident happened before April 1, 2019?

    Yes. If the accident happened before April 1, 2019, you can make a claim under our small claims jurisdiction. But the most you can claim is $5,000.

  • Can I have a lawyer represent me?

    Yes. For most motor vehicle injury claims made on or after April 1, 2019, you can have a lawyer represent you. But in some cases, you may need to ask the CRT for permission. Our application form will guide you through this process.

  • Do you think my dispute will be successful?

    The CRT is an independent, neutral decision maker. Our staff can’t provide legal advice or tell you how likely you are to succeed.

    If you need advice about your chances of success, you may want to get professional advice from a lawyer or legal services provider before applying for CRT dispute resolution.

  • How long does the dispute resolution process take?

    The CRT aims to resolve disputes as fairly, quickly, and affordably as possible. But every dispute is different.

    The time to resolve a dispute depends on whether the parties can reach an agreement earlier in the process, and the amount of issues and evidence in the dispute.

Reaching an agreement

  • What if I don’t want to negotiate?

    The negotiation process is voluntary, and you don’t have to participate in it.

    But if you reach a negotiated agreement, your application fee will be refunded and your agreement will be turned into an enforceable court order.

  • Do I have to participate in facilitation?

    Yes. Parties are required to participate in facilitation, where a case manager will help you try to reach an agreement. If you can’t reach an agreement, an independent CRT member will make an enforceable decision about your dispute.

Getting a decision

  • Who will decide my dispute?

    If you can’t reach an agreement, an independent CRT member will decide your dispute.

    All CRT members are expert decision-makers and are appointed after an extensive merit-based competition process.

    CRT members deciding MVI disputes are lawyers with expertise in personal injury law.

  • When and where will hearings be held for my dispute?

    CRT hearings are almost always done in writing. This means both parties upload their evidence online, and submit their side of the story in writing.

  • Will the decision and my name be made public?

    In most cases, yes. The Civil Resolution Tribunal Act requires that final decisions and orders must be posted to the CRT’s website, where they are available to the public.

    But if a party or witness is concerned that information in a final decision or order would be harmful to their privacy or security, they may request that this information be redacted or anonymized.

    Generally, if a decision involves a minor or similarly vulnerable person, the CRT will anonymize the decision or take other steps to protect the vulnerable person’s privacy.

After a decision

Have a question we didn’t answer? Contact us!