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.