End BC's No-Fault System - Victims Are Further Harmed by ICBC No-Fault Framework

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The Issue

ICBC’s No-Fault "Enhanced Care" system  claims to aid the victim. In reality it's a corporate cost cutting machine. 

 Instead of supporting injured British Columbians, it repeatedly harms them.

 The BC No-Fault system stripped British Columbians of their legal rights, legal support or oversight over the ICBC claim and care process and stripped away their legal right to sue for their true life loses- even when a victim sustains severe life-altering injury or is killed.

Giving all the power to ICBC and it's framework overreach into and affecting our medical system 

Over the past 13 years, the state has steadily eroded British Columbians' constitutional access to justice, independent legal support, and fundamental rights, causing profound real-life harms.

 2013 the State stripping the statute of limitations for Civil Claims and CRT from 6 years to only 2 years and Human Rights to only 1 year.

2019 Injury caps and transitioning from a rightful court of law to the CRT for "minor injury cases"

2021 implementation of BC's pure No-Fault system. 

The Reality of the No-Fault System:
Even under the No-Fault system's strict 'Section 116 exceptions—which claim to allow lawsuits against drivers convicted of criminal offenses like drunk driving—the system is rigged against victims.


Because the No-Fault system framework bans suing actual financial losses like future income and medical care, specialized trial lawyers still cannot afford to take on motor vehicle injury cases. Furthermore, since ICBC is insulated from paying out court-awarded tort settlements, an injured victim can only collect compensation directly from the personal assets of the driver.

Unless the negligent driver happens to be independently wealthy, the innocent victim is left entirely empty-handed. The state has created a system where justice is reserved only for those who have money to afford to pay a lawyer by the hour (if they can even manage to find a lawyer still taking motor vehicle injury case)  and injured by a wealthy negligent driver

Under this broken no-fault regime, reckless and negligent drivers face no accountability, and victims are stripped of their fundamental right to sue. Pain, suffering, and long-term losses are dismissed as collateral damage, dehumanizing those who need help the most.

  • Sustaining severe life-altering injury or a loved one killed by an At-Fault driver, being told no one is to blame.

 

  • Being denied fair compensation for lifelong injuries, trauma, disability, lost earnings and life loses.

 

  • ICBCs contracted vendors using the wrong initial injury forms the CL489 over the CL489A and injured victims completely unaware.

 

  • Systemic withholding of records needed for review, affecting injured victims medical records thus also affecting their supporting data for their claim. 

 

  • Medical Records not reflecting true clinical presentation and lived life experience and omitting objective evidence that supports and seriously injured citizen's injury claim , stuck under ICBC's largely bias vendor system that appears to all prioritize minimizing and aiding ICBC's bottom line over proper patient-centered care to protect their billing relationship.

 

  • Being forced to battle ICBC's bad-faith conduct first hand causing mental distress with no legal support or protection.

 

  • Having medical needs questioned or rejected by ICBC’s own hired doctors and no access to a second opinion.

 

  • Being cut off from treatment or wage support, with nowhere to appeal for true  justice without the legal support needed.

 

  • Receiving a fixed, bureaucratic payout that ignores your actual true life losses and pain and suffering.

 

What was advertised as "Enhanced Care", in reality is a cost-control strategy and a system allowing Enhanced Exploitation 

A system built to protect ICBC’s financial bottom line. 

The system allows ICBC, incentivised direct billing vendors and bias providers, lack of patient centered care, medical avoidance, systemic FIPA and PIPA violations, serious Administrative Unfairness that the OIPC and BC Ombudsman as BC's "watchdogs" are failing citizens and  also don't hold the powers as the rightful court of law.

The No-Fault system stripping away their access to legal support and recourse limiting lawsuits, and reducing ICBC's claim costs, all at the expense of the victims.

This isn’t care, it’s a severe conflict of interest.

These issues have been widely underreported and poorly disclosed to the public. The time for real change is now.

ICBC has No Independent Oversight.

This role of ICBC's Fairness Officer lacks the independence and power to hold ICBC meaningfully accountable.

Under the Insurance Corporation Act, the Fairness Officer:

  • Cannot reverse decisions on fault or payments

 

  • Has no authority to award compensation

 

  • Cannot hold ICBC accountable for unjust decisions.

 

  • Cannot make corrections to factual inaccuracies or critical omitted data in a victims claim records, and does not chase down the truth. The CRT makes binding decisions on what's presented before them.

 

  • ICBC pushes unsuspecting victims prematurely to the CRT with known errored internal claim files that paint a false narratives of minimal injury and non-compliance in giving them a reason to withhold injury supports.

Injured and Alone: The Cruel Reality of ICBC’s Enhanced Care

ICBC’s dual role as insurer and adjudicator is a conflict of interest: ICBC saves money when adjusters minimize or deny claims.

There is no independent advocacy for individuals navigating ICBC’s Enhanced Care system. Seriously Injured people are left to deal with ICBC alone while struggling with injuries, and laypersons needing legal advocacy, and unable to afford a lawyer by the hour. 

Those with cognitive impairments and seriously injured victims without a trusted independent care provider are at a worse disadvantage being left with ICBC who was given all the control and without legal representative to protect them from. 

ICBC’s internal complaint system is tiered and emotionally burdensome, creating further harms and struggles to already injured struggling victims.

These barriers are rooted in ICBC policy - systemic administrative unfairness built into the claims process to serve the corporation, not support the individual.

Most claims are barred from going to court and forced instead into the Civil Resolution Tribunal, an unfair digital system that is under-resourced, adversarial, and nearly impossible to navigate without legal help. But lawyers are no longer financially viable under this model, leaving people with no representation.

As the Trial Lawyers Association of BC stated, “You have no lawyer, no advocate, and no real right of appeal. It’s David versus Goliath - if David had a concussion and no slingshot.” When someone is injured, broke, and traumatized, telling them to “just represent yourself” is not access to justice it’s cruelty by design.

The government must ensure a properly funded and accessible legal advocacy system for ALL low income individuals with complex cases for all issues under our province; it  is long over due in BC, ensuring fair representation and true access to justice.

Protect Claimants’ Rights & Well-Being

  • Reinstate pain and suffering compensation for all from at fault drivers, all passengers, hit-and-run victims, Injuries from Poor Road Conditions or Government Negligence and Mechanical Failures or Product Defects.
  • Restore the ability to sue at-fault drivers. 
  • Provide protections and fair compensation for self-employed and gig workers who face disproportionate hardship.
  • Remove ICBC’s restrictions on clinical reporting, including arbitrary word counts and limited templated responses.
  • Any person injured in a motor vehicle accident, especially those with physical functional, trauma and cognitive impairments, to have the explicit right to legal advocacy in dealing with ICBC and fully covered by ICBC as part of the claims process.
  • Ban insurer interference in Doctors and Specialists recommendations and treatment decisions in patients' care and care provider collaboration.
  • End ICBC control over treatment providers, arbitrary audits and unfettered access to clinic operations.

ICBC’s system of direct billing and contracted treatment providers creates systemic pressures that can compromise impartial care, as providers may feel obligated to prioritize cost control over patient needs. While many care providers act ethically, the lack of transparency and independent oversight makes it difficult to ensure all injured individuals receive fair and unbiased treatment. This system disproportionately impacts those without financial means, who are forced into ICBC’s restrictive care network, while individuals with resources can often seek independent care outside this system. We demand transparent oversight, independent evaluation of treatment providers, and equitable access to unbiased, patient-centered care for all, regardless of income or status.

  • Abolish Independent Medical Examiners (IMEs), now known under the No-Fault system as Comprehensive Medical Assessments (CMAs)

The use of ICBC-employed or contracted Independent Examiners and Assessments has raised serious concerns regarding impartiality, potentially leaving claimants with limited access to fully independent assessments and without independent legal support and advocacy.

Patients should not be subjected to evaluations by providers whose financial interests are tied to the insurance company. Instead, all medical assessments related to claims should be conducted by healthcare providers with no financial relationship to or being paid by to ICBC or any insurer. This ensures unbiased, fair, and accurate evaluations, which are in the best interest of the injured party.

  • Right to sue ICBC for mental distress, coercion, and negligence.

Injured British Columbians must have the unequivocal legal right to sue both negligent drivers and ICBC when their actions cause harm, disrupt lives, or impose undue stress.

  • Stop misclassifying serious long-term and complex conditions as "minor Injuries."
  • Update care and fund specialized condition-specific treatments and evidence-based therapies.

ICBC’s system routinely misclassifies many serious long-term and complex conditions - including nerve damage, soft tissue trauma, neurological complications and chronic pain affecting daily living as “minor injuries.” 

This harmful misclassification:

  • Restricts care access, even for life-altering or long-term conditions.
  • Minimizes real pain and suffering, especially in invisible or delayed-onset conditions.
  • Limits support, compensation, and recovery options.
  • Ignores medical complexity, forcing a one-size-fits-all approach
  • Undermines Lived experiences
  • Ignores medical complexity and individual needs.
  • Restricts care access and leads to worsened outcomes.
  • Devalues legitimate pain and suffering.
  • Contributes to delays in healing and long-term disability.

We need an immediate end to the inappropriate use of the “minor injury” label for nerve, neurological, and chronic pain-related injuries that significantly affect daily life and function. Assessments must be individualized, trauma-informed, and built on clinical judgment that acknowledges invisible injuries, centers the lived experience of the injured person, recognizes that symptoms present from the moment of impact are real and must not be overlooked or misattributed, and takes delayed-onset injuries seriously. Injured people deserve fair treatment and timely access to the care they need - without delay or denial.

 

Restore Public Transparency & Accountability

  • Require ICBC's full clear public disclosure of limits on no-sue legal recourse limitations in all public communications.
  • Publish annual Enhanced Care financial and claimant-impact reports (including savings vs unmet needs)
  • Acknowledge and publish the public rights lost under the current no-fault system.
  • Conduct meaningful public consultation before any future insurance model reforms.
  • Focus enforcement on unsafe and careless drivers causing motor vehicle accident, not shifting the financial burden and hardships on injured accident victims.
     

We call for opening the insurance market to allow independent, third-party insurers to compete with ICBC, ending the monopoly and giving British Columbians more choice, better service, and fairer claims handling. Opening the market alone isn’t enough
You want competition, but also a return to full tort rights (i.e., the right to sue and fair compensation for injuries). Opening the market isn’t enough on its own. British Columbians deserve not just competition, but the restoration of full tort rights. True reform means restoring the right to sue, reinstating compensation for pain and suffering, and ensuring all insurers - public or private - must uphold fair compensation, access to justice, and medical decisions based on care, not cost.

 

British Columbians were promised better care - but what we got was voided legal protection, ICBC taking advantage and control, limited access to treatment, and a silencing of vulnerable voices. Help us demand fairness, dignity, and transparency from our public insurer.

 

Premier David Eby and the BC NDP introduced ICBC’s "Enhanced Care" model - a system that has caused real and lasting harm to injured British Columbians and their families. - David Eby continues to defend it despite widespread public outcry. Under his leadership, injured people have lost:

  • The right to sue, even in catastrophic injury or wrongful death.
  • Access to fair, trauma-informed care.
  • Legal protections for pedestrians, cyclists, the disabled and their loved ones.
  • Independent oversight, advocacy, and fair treatment.

British Columbians deserve a Premier who puts people before profits, patients before corporations, and justice before bureaucracy.

The People of BC Need Help!

While ICBC is a provincial agency, the ongoing harm caused by its "Enhanced Care" system is affecting the lives of countless Canadians living in British Columbia. This harm stems from decisions made by British Columbia's NDP provincial politicians lead by David Eby who implemented and continue to defend a model that strips injured people of basic rights, access to care, and legal protections.

British Columbians have lost trust in their current provincial leadership. Many feel abandoned, voiceless, and trapped in a system that puts cost savings ahead of compassion and accountability.

 

We respectfully urge the BC Human Rights Commissioner Kasari Govender, our BC Ombudsperson Jay Chalke, and the Government of Canada to Acknowledge and support change for injured British Columbians and their loved ones.

We ask for your awareness, concern, and support:

  • Acknowledge that injured British Columbians and their loved ones are being taken advantage of to save ICBC money.
  • Recognize that ICBC’s removal of compensation for pain and suffering has dehumanized injured people and is seriously affecting their mental health, recovery, and fundamental human rights to fair compensation and proper treatment.
  • Injured British Columbians mental health and pain and suffering are being exacerbated by the intense stress in the absence of legal advocates to support and defend them - resulting in significant long-lasting harm to their overall well-being and their fundamental human rights.
  • Recognize that the rights and well-being of injured Canadians in B.C. are being compromised.
  • Acknowledge that the lack of legal recourse and oversight under ICBC’s model raises broader questions of fairness, justice, and human rights violations.
  • Stand with injured Canadians and support stronger protections and national dialogue around injury care, access to legal remedies, and human dignity.


Please Stand with injured Canadians and support stronger protections and national dialogue around injury care, access to legal remedies, including the right to seek compensation for pain and suffering, and human dignity.

We urge all elected officials and oversight bodies to take immediate action to restore fairness, accountability, and compassion to BC’s public insurance system.

Please be respectful and keep the comment section for victims of  the No-Fault system. Do not strip away their voices on the petition also. 

📢 IMPORTANT: Please Ensure to Read the Updates and Comment Section of this Petition: There is further information that sheds light on the failings of BC's insurance system and BC's data-integrity crisis, and will find shared links and posts of some of British Columbians' experiences under BC's system.

You can also find more information here: SAGE: Protect the People - ICBC Reform - Safer Roads BC

We need leadership that listens. We need care, not control. And we need every level of government to ensure that no Canadian is left behind when harmed by another’s negligence. 
 

avatar of the starter
S​.​A​.​G​.​E In SolidarityPetition StarterS.A.G.E Supporting Alliance for Government Equity

The Decision Makers

Trevor Halford
Trevor Halford
Shadow Minister to BC Attorney General
Trial Lawyers Association of British Columbia
Trial Lawyers Association of British Columbia
Trial Lawyers Association of British Columbia
Michael Harvey
Michael Harvey
Privacy Commissioner for British Columbia (BC)
Anna Kindy
Anna Kindy
Shadow Minister for Health
Peter Milobar
Peter Milobar
BC Conservative Finance Critic & Leadership Candidate

Supporter Voices

Petition Updates