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July 7, 2022|Article | Hammerco
Written by Kate Chandler

Hammerco Statement on New Legal Challenge Against ICBC’s no-fault Insurance

Billed as “enhanced care” for British Columbians by the government, BC citizens are finding out too late that ICBC’s no-fault insurance falls short of providing adequate care for those injured in car accidents.

According to a recent Global News report, a BC man paralyzed by a car crash last year is launching a legal challenge with the Trial Lawyers of BC against ICBC’s no-fault insurance model.

Introduced by the current BC government as a measure to bring down costs for ICBC, the no-fault insurance model means that individuals – including pedestrians and cyclists – involved in car accidents in BC are no longer able to sue for damages if they are injured, even if they are not at fault. Instead, individuals may be given access to treatment, rehabilitation, and wage loss benefits in amounts as pre-determined by ICBC.  Now, ICBC controls all the benefits and care that accident victims receive.

Tim Schober, who is launching his constitutional challenge alongside the Trial Lawyers of BC, was hit by a vehicle while cycling and spent seven months in hospital with a catastrophic spinal injury, which left him a quadriplegic using a wheelchair for the rest of his life,

Under the current no-fault scheme, even for those with catastrophic injuries the maximum compensation victims are eligible for is capped at $271, 834, with some modest income loss benefits and personal assistance care available as determined by ICBC.

Just over one year since it came into force, ICBC’s no-fault scheme is already failing British Columbians.

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