British Columbians Learning Reality of “No Fault” One Crash at a Time

The BC Government told British Columbians they will save on car insurance.  They told you that you will receive ‘enhanced care’.

But day after day and crash after crash British Columbians are learning that the new ‘no fault’ model, a concept so unpopular that the government spent untold money to consultants to rebrand it as ‘enhanced care’, delivers anything but.

I am taking daily calls from BC crash victims after May 1, 2021.  They are learning the hard way that these fancy soundbites mean nothing.  Much like the man whose story was told in the below North Shore News article.

Instead the conversations go something like this

  • Can I claim my full wage loss? Nope
  • ICBC says I have to use up my other wage replacement benefits before they pay? Yup
  • Can I get all my out of pocket expenses for my injuries covered? Nope
  • My therapist is really good but charges more than ICBC covers. Too bad
  • Pain and suffering? Nope
  • What about the full cost for the inability to take care of my own home (diminished houseeking capacity)?Nope
  • Settlement for Future Care costs? Nope
  • But I can sue the at fault driver? Almost never
  • But they were fully at fault!  Doesn’t matter
  • The driver was texting at the time! The law doesn’t care
  • My vehicle has now dropped in value!  Can’t claim that either
  • I can take ICBC to court?  Nope.  A tribunal created by the BC Government.
  • I was a pedestrian and don’t even pay for ICBC insurance so this does not apply to me?  Nope, your rights are gone too.
  • I was a cyclist?  Too bad.

How is this fair?  Its not.

How is this ‘enhanced’ care?  Its not.

The only people who have more care after a crash are the at fault drivers.  The no fault scheme gives them greater benefits for wage loss and out of pocket expenses.  This is paid for by taking all of the above rights away from crash victims.

Calls will keep coming in.  The above conversation will be repeated.  British Columbia crash victims will continue to have to swallow the real news, not the marketing soundbites.  If you don’t like it you should contact your MLA and let them know this stinks.  It will not change your current rights but if politicians listen perhaps they will restore peoples rights so you, your friends and family members will not face the same bad news you’re facing if  victimized in a future crash.

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If you would like further information or require assistance, please get in touch.

ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

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