The NDP have quietly passed a new law that will dramatically change ICBC and the rights of the injured. The new change to ICBC is No Fault Insurance. The NDP and ICBC are doing their best not to call it No Fault Insurance and instead are labeling it “Enhanced Care Coverage” in a likely effort to sound more appealable while completely eliminating the rights of the injured to fair compensation.
ICBC No Fault Insurance / ICBC Enhanced Care Coverage will now apply to everyone that is injured in a motor vehicle accident on or after May 1, 2021.
ICBC No Fault Insurance puts the rights of injured claimants at risk.
What is ICBC No Fault Insurance?
With ICBC No Fault Insurance, you no longer have a right to ANY fair compensation for your injuries such as for pain and suffering. You no longer have the ability to sue the negligent driver.
Instead of compensation, you now “may” be entitled to benefits from ICBC for treatment, prescriptions and disability benefits. The disability or wage loss benefits are calculated according to a set percentage of your usual and normal income at the time of the collision. The shortfall between your regular income and the benefits is now no longer reimbursable to you by ICBC. If you are starting out in your career or if you have taken a break from your career, then you are the most at risk because the benefits are based on what your income was at the time of the accident, not what they will be in the future such as through promotions or other opportunities.
You “may” be entitled to benefits from ICBC and you are not guaranteed them. This is because all decisions on whether to approve you for these benefits will be made by the ICBC adjuster assigned to your claim. A No Fault Insurance system requires you (or your family) to go back to ICBC week-after-week, month-after-month, year-after-year, to ask if ICBC will agree to fund your next treatment or wage loss benefit.
If your benefits are denied by the ICBC adjuster even though they are recommended by your medical doctor or other members of your medical team, you will have to dispute an adjuster’s decision on your own and WITHOUT a lawyer. Disputes over adjuster’s decisions will be heard through an online tribunal. Without a lawyer, you will be responsible for understanding and navigating through the legal processes. You will also be responsible for preparing your own written materials including obtaining evidence to support your dispute. Opposing you, will be either an ICBC adjuster or even a lawyer hired by ICBC who have considerable experience and training. This playing field is uneven in favour of a billion dollar corporation with the resources to rigorously oppose your dispute.
If you have been treated unfairly or poorly by ICBC, you will have to go a Fairness Office established by ICBC to file a complaint. This is not an independent or unbiased office. You will not have a lawyer advocating for you and your rights.
Your Benefits are the Same as the Negligent Bad Driver
With No Fault Insurance, you have the same right to benefits as the driver who caused the motor vehicle accident and injured you.
What this means is that both yourself and the bad driver have the same exact rights to benefits. In some cases and depending on the circumstances, the bad driver may be entitled to substantially more funding from ICBC for treatment and loss of income than you are even though they caused the accident and severely injured you through no fault of your own.
How would you feel if a driver was texting and ran a red light t-boning your car and severely injuring you? What if you could no longer work pain free due to your injuries? What if your life was turned upside down as a result of your injuries? What if you are never able to lead a normal life again?
Is it fair that this bad driver could qualify for more benefits and supports from ICBC than you, the innocent driver?
This is No Fault Insurance.
This is what the NDP have proposed for British Columbians as a great new package of auto insurance. You now get to save a whopping $33.00 per month ($400 per year) while ICBC saves millions per year and billions over time because they are no longer compensating the injured.
The NDP and ICBC have refused to issue rebate cheques for the hundreds of millions of dollars they saved during the Covid pandemic despite the fact that other private automobile insurance companies have issued these rebates. Can you trust that ICBC will actually pass any savings along to you from this No Fault Insurance system when they have not done during this pandemic?
When ICBC is set to save millions per year, it does not appear that offering British Columbians a reduction of $33.00 per month for auto insurance is actually fair.
When we have no choice in auto insurance because of ICBC’s monopoly supported unequivocally by the NDP, what can actually be done to ensure we are being treated fairly? Who will make sure the savings are actually be passed along to the public?
The fact is that the NDP have eliminated the ability to keep ICBC in check now that lawyers have been removed from the system.
WCB = ICBC No Fault Insurance
Quite simply, ICBC No Fault Insurance is WCB for automobile insurance.
We all likely know someone who has dealt with WCB / Worksafe BC. Were they treated fairly? Were they treated with respect? Were they listened to by the adjuster? Were they properly cared for? Were they overwhelmed with the process they had to navigate alone without a lawyer? Were they denied benefits for no legitimate reason?
How WCB claims are handled is exactly what you can expect from ICBC with No Fault Insurance.
Has ICBC earned your trust? Do you expect to be treated fairly by ICBC without anyone to hold them accountable like a lawyer advocating for you and leveling the playing field?
What You Can Do To Stop ICBC No Fault Insurance
We urge you to vote No to No Fault.
Educate yourself on this important issue and exercise your democratic rights.
Voting options are available by mail (click here to request a ballot by mail) and in-person, between now and October 24, 2020. This is your opportunity to make your voice heard and reverse this harmful policy.
Thank you for your support as we work to ensure every British Columbian knows what is at stake for them and their families if ICBC No Fault Insurance is implemented.