We have written several blogs on the new ICBC No Fault Insurance brought in by the NDP.
This new “Enhanced Care” model, as ICBC likes to refer to it as instead of No Fault Insurance, effectively eliminates any compensation for injuries suffered in a motor vehicle accident. Instead, ICBC will “take care of you” by paying for your treatment and providing you with wage loss benefits if you are unable to work. Sounds great, right? Well, the reality is that every decision as to whether or not ICBC will agree to pay for something is made by an ICBC adjuster. In other words, ICBC has full discretion to approve or reject a claim. If you don’t like their decision, then there is no real recourse for you. This is because the NDP also eliminated your right to bring a legal action if you are unhappy with ICBC or if you were wronged by ICBC. You are now on your own to navigate a very complex legal system that ICBC has trained its adjusters on thoroughly.
These sweeping changes were made in exchange for a modest discount to your car insurance. While you may be happy about this discount, it pails in comparison to the rights you have now lost if you are ever injured in a motor vehicle accident.
A recent tragic motor vehicle accident occurred in downtown Vancouver when a young toddler was killed by a SUV that lost control and went over a sidewalk in a collision after being struck by a supercar McLaren. At the time, the child was being carried by her father and they were on their way to meet her mother after work. The mother was across the street when the accident occurred and witnessed the death of her child in addition to severe injuries to her husband. The child’s father faces potential lifelong injuries in addition to the mental anguish.
Under ICBC’s new Enhanced Care No Fault Insurance, there is no compensation for the parents beyond a minimal lump sum payment for the death of their child. The injured father will receive benefits, but no compensation for his injuries. The parents have had to turn to a Go Fund Me page to help them financially through this time. The drivers who caused the accident through their reckless driving, however, are entitled to the same benefits as the father. Potentially, they may qualify for more benefits from ICBC than he does. Their vehicles will also be fully repaired or replaced.
This is ICBC’s enhanced care. Seems unfair – well, it is. All of these rights are lost for a 20% discount on your insurance and to save ICBC money.