The Ugly Truth: ICBC’s New No-Fault Regime
On May 1, 2021, as you may know, ICBC’s new insurance regime came into force and effect. Concurrently, you may have received a $250.00 cheque in the mail and a 5%-15% reduction in your insurance costs.
A bribe, some may suggest.
It is well known that every ‘action’ has a ‘reaction’; similarly, ‘benefits’ have ‘costs’. With ICBC’s new regime, it seems the benefits of having lower insurance payments have outweighed the costs of receiving little-to-no compensation if you were injured in a motor vehicle accident.
Society tends to permit self-interest to dictate decisions.
Unsurprisingly, society tends to permit self-interest to dictate decisions. One example of this is no-fault. We as BC residents/citizens have had opportunities to fight against no-fault. However, most of BC was enticed, perhaps blinded by the allure of lower insurance costs. As such, the people of BC placed their desires for lower insurance rates before the rights of the injured (and potential injured) and no-fault took force and effect.
For 3 individuals, the costs of no-fault have been crippling.
These are their stories.
This is the ugly truth of no-fault.
It has been three months since no-faults inception, and it is too early determine its impact. However, for three individuals, the costs of no-fault have been crippling (pun intended). These are their stories. This is the ugly truth of no-fault.
(1) Scott Shepherd, PEDESTRIAN
Meet Scott Shepherd. A retired golf pro who was transitioning to his new life of teaching the sport he loves to play. On a normal May day, he was a pedestrian, defenceless, walking on a sidewalk. It was then an impaired driver - yes, a drunk driver - struck Mr. Shepherd causing him serious pain and injury. Unfortunately, Scott could not get a lawyer to assist; ICBC’s new regime has rid him of that option. He must deal with ICBC directly, and by himself. All while suffering through his injuries, including a concussion which impacts his memory, thinking, and otherwise. As stated by the Global News on May 27, 2021:
“This is not care-based,” he said. “It feels like it’s going to be a full-time job navigating this new system and constantly having to justify and explain myself…[t]here’s a lot of trickle down-expenses, secondary expenses that are going to come as a direct result of this incident,” he said, citing the trauma his young son is going through after seeing his dad in such rough shape or a myriad of expenses that don’t technically fall under health care. “…you have to keep doing it 10, 12 times while the room is spinning, and you can barely focus your eyes on it,” he said. “I’m supposed to be the one that’s resting and recovering. It’s overwhelming the paperwork that I’ve already seen that I have to start doing and submitting”.
Scott Shephard after being struck by an impaired driver as he was walking defenceless on a sidewalk.
(2) Rob Behan & Charmaine McKean, DRIVER & PASSENGER
Rob Behan’s vehicle after his not-at-fault motor vehicle accident.
Meet Rob and Charmaine. They were driving on the number one highway (aka trans-Canada highway on the stretch between Revelstoke and Golden), enjoying coffee one early morning. A typical day for many of BC’s residents. Their best friend, a black/white coloured dog, rested in the backseat enjoying the unfamiliar noises of a highway.
"People just don't know what got taken away, or what this enhanced care actually means," Behan said.
Suddenly, Rob - shocked - saw a vehicle driving directly towards him and in his lane. A vehicle had drifted into oncoming traffic and was driving directly at him. Rob was able to quickly and abruptly swerve which, unfortunately, caused his truck to go spinning. In short, Rob heroically saved his partner and his best friend with his quick reaction. However, this did not leave him and his companions without pain or injury. Police informed the couple that the other driver had fallen asleep before crashing into their vehicle. As noted in the CBC article:
Behan and McKean, from Enderby, B.C., were taken to hospital and said they both suffered concussions and cracked ribs to go with the many bumps, bruises and scratches they received in the crash. Behan and McKean's crash occurred on July 3, and both say doctors told them to take time off work due to their injuries…The pair said ICBC urged them to rely on employment benefits or medical employment insurance (EI) for lost compensation while their claim was processed. But with no paid sick days and a mortgage to pay, Behan said he had no choice but to return to his job as a financial controller after a few days. He expects he'll receive little compensation from the claim once the dust settles. "I'm just going to have to live with the aches and pain I have at the moment, and hope they go away," said Behan. "I basically cut ICBC out of it, I'm just doing it on my own because I have to pay my bills."
Rob, Charmaine, & their best friend pre-accident.
(3) Gary Kalmek, CYCLIST
Vancouver cyclist Gary Kalmek in early June.
Meet Gary Kalmek. Out on a ride on his road bike in early June, the 38-year old was struck by a vehicle at or near Main Street and 15th Avenue in Vancouver. His injuries were severe where he required a one week stay at a hospital. Ultimately, he suffered a broken leg, a broken arm, and three broken ribs. Presently, Gary is off work and walking with a cane; he, unsurprisingly, is no longer riding. He has permanent scars on his body as well as metal rods, plates, and pins securing his broken bones. As noted in the CTV News article:
Kalmek is hoping to one day cycle and play sports again…“Even if I do heal, those things will be a reminder of what has happened, and will be a reminder of ICBC also just disregarding the scars and the plates and everything else that has happened to me,” Kalmek said. “It just feels terrible.”
Gary is uncertain if he will ride again. Based on our experience practicing in personal injury law, it is possible that Gary may suffer from anxiety the next time he is able to ride, if ever. Unfortunately, Gary’s ability to get a lawyer to assist and help him with his case has been rendered moot by the Province of BC.
The truth hurts; for those who will be injured in motor vehicle accidents in the future, the truth hurts figuratively and literally.
The truth hurts. In the aforementioned cases, as well as for those who will inevitably be injured in motor vehicle accidents, the truth hurts figuratively and literally. Thank ICBC.