As we have covered in prior blog posts, the NDP has dramatically changed ICBC claims by introducing ICBC No Fault Insurance which the NPD is flouting as “Enhanced Care”.
The sad reality is that most British Columbians do NOT understand what rights the NDP have stripped away from them in exchange for a small reduction in their ICBC insurance.
While the NDP have been emphasizing the “great” benefits injured claimants will receive under No Fault Insurance, the NDP has remained quiet about what British Columbians lose with this new scheme. You no longer have a right to challenge ICBC in court. You no longer are entitled to compensation for pain and suffering even if you are left with life altering chronic injuries. You are no longer able to recover all of your losses such as wage loss and rehabilitation costs. You now have the same benefits available to you as the at fault driver who could, potentially, receive more than you from ICBC even though they caused the accident through their own negligence and carelessness.
No Fault Insurance essentially provides British Columbians with “benefits”. There is no longer full compensation for all of your losses. ICBC has the full power to deny or approve your benefits – you cannot challenge ICBC’s decisions in a court of law.
Let’s look at how No Fault Insurance deals with wage loss. If an injured claimant’s injuries prevent them from working, there is potentially income replacement from the NDP ICBC No Fault Insurance scheme. This has to be approved, however, by the ICBC adjuster assigned to your case. The new law provides income replacement up to 90% of net income to a maximum of $1,200.00 per week. If you earn more than this maximum amount, then too bad. You are stuck with the limit and you will not have any ability to recover all of your income loss. If you are just starting your career when the motor vehicle accident occurred, then your income loss replacement will not take into consideration what your future earnings would have been. Instead, your benefits will be based only on what you were earning at the time of the collision. This potentially devastating to British Columbians who were students, who were planning a career change to a higher paying profession, who were in between jobs or who were temporarily not working due to covid or another reason.
If we consider out of pocket expenses such as for treatment and medication, ICBC offers funding for the cost of medical, rehabilitation and other expenses. All of these ICBC benefits have maximum rates that often do not cover the full cost. With No Fault Insurance, ICBC will no longer compensate you for any costs over and above the “maximum rates” or any items that are not considered benefits. Instead, these extra expenses will be at your own cost.
This is because if you were not working at the time of the motor vehicle accident, then you will not receive benefits or compensation even if it is clear that you would have returned to work if you were not injured. Furthermore, if you are denied income loss replacement or if the adjuster wrongly calculates what you are entitled to, you now have now way to challenge ICBC in a court of law. You also will not have the benefit of legal representation to advocate for you. You are now on your own to deal with ICBC because the NDP have stripped you of your legal rights.
See this recent news article to learn more about the sad reality of the NDP ICBC No Fault Insurance / ICBC Enhanced Care.
So no more Painf and suffering for accidents not your fault
Okay so BC has passed the most immoral inhumane law imaginable called the no fault law, So why aren’t other avenues being aggressiveness sought by capable lawyers? Why isnt this immoral law being challenged??? Alternatively, Why aren’t other avenues being sought after??? Why can’t the individual drivers who were at fault be sued and charged for pain and suffering? That fact that I’m being told “nothing you can do” is Nothing short of disgusting. It’s NOT right!!! when RCMP “chooses” because they are in a good mood- not to press charges against drivers who are clearly recklessly driving that ends in severe pro-longed injuries, Why aren’t RCMP legally being sought after for not being apart of the solution!!?? Why aren’t lawyers who represent the legal system trying other avenues instead of simply telling these victims “this is the immoral law now, so too bad, so sad for you” not enough of the right people with the right power are fight against this immoral BS!!
I was recently in an accident which was not my fault. I’m missing work due to injuries. When I was told what my weekly amount was I lost it. This amount no where near covers my monthly expenses. I didn’t ask to be hit. Stupid driver hits me. Totals my car and he is back to work and I’m potentially looking gat financial ruins. Thanks NDP. You really suck! My life was great before this accident. It’s just not fair nor is it morally right. Damn you!
I am sorry to hear this. Unfortunately, this is what the NDP has brought into law to help make ICBC, a crown corporation, more profitable instead of protecting the vulnerable whose lives have changed due to another driver’s negligence. It is difficult to watch. It is also difficult for people to really understand how horrible this is unless they have been involved in an accident themselves or know someone who has. No Fault Insurance, which the NDP and ICBC have re-named Enhanced Care because it sounds better for the public who are ill informed, is now Worksafe BC on wheels. It deprives injured claimants with proper coverage if they are injured. What is most frustrating is that you are entitled to the same benefits as the driver who hit you – this is why it is called No Fault Insurance. Everyone gets the same benefits which are extremely limited now through No Fault Insurance.