The B.C. Government has been on a mission to bail out ICBC by enacting punitive and unjust laws aimed at seriously tipping the odds in ICBC’s favour. Who takes the hit? B.C. drivers and innocent accident victims, who just keep on paying.
Last month, changes were made to the law that greatly benefits ICBC but further inflicts emotional and financial hardship on accident victims. Prior to these changes, ICBC was responsible for paying the reasonable and necessary expenses accident victims had to incur to prove their case, which are called disbursements. The new law now caps ICBC’s obligation for reimbursement to a mere 6% of the settlement amount or Court award. Typically, these expenses far exceed this low percentage. The remainder will come out of the victim’s settlement. The intent, of course, is to discourage accident victims from fully proving their case in order to reduce the award.
These changes to our laws are shockingly unjust and punitive and inflict additional hardship on innocent accident victims. It’s about to get much worse.
On May 1st, our province will enact No Fault Insurance. ICBC has slyly rebranded it as “Enhanced Care,” which it’s been marketing heavily. No doubt, we’ve all seen the non-stop ads of ICBC’s insurance rebates. “It’s As Exciting As Insurance Gets.” Don’t be fooled. The same “Care” applies to all parties, whether it’s the negligent driver who caused the accident or their innocent victim(s). Here’s what No Fault truly means. If you’re an innocent passenger, bicyclist or pedestrian and suffer any injury, including very serious injury, from a negligent driver, perhaps becoming quadriplegic, you will be treated no differently with ICBC than the perpetrator who hit you. Both of you will receive the same level of ICBC’s “Enhanced Care” which, of course, will be at ICBC’s complete discretion. Worse, you are entitled to zero compensation for pain and suffering, questionable benefits for cost of future care and you’re married to ICBC forever. No fault gives us no rights to justice, no rights to fair and adequate compensation and no rights to sue.
The Government should not be in the business of running its own insurance company. Because ICBC is a government-run corporation, it has the power to make its own laws. How can this possibly be constitutional? ICBC tries to deal with chronic mismanagement by continually altering our laws, to the detriment of us all. It’s long overdue for ICBC to be disbanded and replaced with some healthy insurance competition.
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