Many British Columbians are unaware that I.C.B.C’s no-fault system is unlike most other province's, including Ontario’s hybrid and tort-based systems, which allow victims to sue for serious injury or death.
In British Columbia, unless the driver is charged with a criminal offence, victims who are significantly or catastrophically injured, and those who have lost loved ones, are left without legal recourse to sue the at-fault driver for their life losses.
This also leaves those who are already struggling with injuries to navigate the claims system without legal support or oversight over their claims and care processes to protect their best interests — causing real harm to those with significant injuries, cognitive issues, the elderly, or those left traumatized.
This makes it that much more difficult for those who don’t have a family doctor or a trusted primary care provider at the time of their injuries to oversee their care, ensure continuity of medical documentation, and look out for their long-term well-being. Even with ICBC’s hired Drs and so-called care teams, claimants without independent providers lack the autonomy to oversee their care and ensure accuracy of their medical documentation — leaving injuries misattributed, uncorrected, or at times even unknown to the injured claimant — especially for those with pre-existing or complex injuries.
Without legal support to aid in the management to safeguard their claim, or trusted medical support for proper record keeping, the injured are left vulnerable to mistakes, missed documentation, or poor care, which affects how other care providers and ICBC assess their injuries and impacts their care supports and claim outcomes.
ICBC’s no-fault system is power imbalanced, unfair, and does not compensate true life-altering losses.