We, the undersigned, are deeply concerned about the ICBC Enhanced Care system and its harmful impact on injured British Columbians—especially those hurt by at-fault drivers. The reforms have stripped many of legal support, transparency, and fair access to care, creating a confusing and biased system. 

This has been compounded by systemic gaps in the healthcare system, where access to medical records, independent assessments, and proper support for claimants have led to significant barriers for those trying to recover.

ICBC’s control over the claims process, coupled with inadequate healthcare access and provider bias, creates a power imbalance that harms injured individuals. This petition seeks to address both the immediate claims handling process and the broader healthcare-related issues that impact recovery. We believe that reforming these systems together is necessary to create a fairer, more transparent, and more humane recovery process for all injured people in BC.

We demand that the BC government take immediate steps to address these issues, including repealing the legislation that limits the rights of injured claimants, and ensuring better legal and healthcare support for victims of accidents.

Lawyers generally cannot represent claimants in lawsuits against ICBC under Enhanced Care except in rare cases involving Human Rights or constitutional challenges. Private legal fees are not covered by public programs, making hiring a lawyer financially unfeasible for many. Moreover, lawyers often have limited opportunities to assist except at appeal stages or in cases outside the scope of Enhanced Care.

There is no publicly funded legal aid or advocacy organizations specialize in ICBC claims, and pro bono services are limited. The restricted legal framework reduces incentives for lawyers to take these cases, and most disputes are handled directly by ICBC or through the Civil Resolution Tribunal rather than courts.

Without independent legal advocacy—and for those also without a primary care provider—injured individuals are left to navigate a system dominated by professionals working within ICBC’s framework—eroding autonomy and trust.

Systemic Barriers for the Vulnerable and Injured
ICBC’s system creates insurmountable barriers for the most vulnerable — those who are injured, cognitively impaired, or traumatized. When someone is too unwell to even open a claim, let alone fight for their rights, the system effectively constructively denies them access to justice. 

This is not just unfair — it’s a form of systemic discrimination that punishes people for being too injured to advocate for themselves. ICBC must be held accountable for creating a system that fails those who need support the most.

There is no dedicated publicly funded independent legal advocacy program for injured claimants, leaving many without meaningful support or representation to oversee, advocate and safeguard their claim.

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 feels inhumane.

This gap is not merely a policy shortcoming but a significant human rights concern.

Emotional Toll and Mental Health Impact:
The impact of ICBC’s current system goes beyond the physical injury — it extends deeply into the mental health and emotional wellbeing of those trying to navigate this confusing and biased process. The uncertainty, lack of legal support, and constant battles with ICBC to secure necessary care can exacerbate anxiety, depression, and PTSD, especially for those dealing with serious injuries.

The removal of legal representation for those unable to afford private counsel has shifted the burden of proof, medical navigation, and claims disputes entirely onto injured individuals.

Claimants face not only the challenge of recovery but the added emotional toll of fighting against a system designed to limit their access to the support they need. The delays, errors, and dismissals from ICBC contribute to a heightened sense of helplessness and frustration, particularly for those who are already vulnerable.

The emotional and mental health consequences of being forced to navigate a flawed system without support can severely delay recovery, worsen symptoms, and prolong suffering. For many injured individuals, the system itself becomes another injury to heal from, compounding the trauma they have already experienced, often leading to chronic stress, depression, and in some cases, suicidal ideation.
 

We call on the Government of British Columbia to repeal the legislation that removed our right to sue at-fault drivers for personal injury damages.

Restoring the right to sue would give injured individuals a real chance to be fairly heard and to hold those responsible accountable for the impact on their lives.

Section 7 of the Canadian Charter of Rights and Freedoms guarantees our right to life, liberty, and security of the person—protected by the principles of fundamental justice.

Removing the right to sue at-fault drivers and ICBC, without fair legal recourse, violates these principles by denying injured people access to justice and accountability.

The government’s justification—that these changes save money for ICBC and provide drivers with better insurance rates—cannot override our fundamental rights, especially when these reforms cause real harm.

Everyone deserves the right to hold those responsible accountable.

Access to legal representation in the ICBC Enhanced Care system is not just important - it’s essential. Injured individuals are forced to navigate a complex, opaque process without the ability to appeal decisions, challenge misinformation, or defend themselves against biased or incomplete medical reports. Without legal support, there is no check on ICBC’s power, no mechanism to ensure procedural fairness, and no way for claimants - especially those who are disabled, low-income, or cognitively impaired - to advocate for their rights. This creates a power imbalance that directly threatens claimants’ health, dignity, and basic rights under Section 7 of the Charter.

• Restoration of the Right to Sue
  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.

This fundamental right is essential to ensuring accountability and justice for those who suffer as a result of accidents and system failures.

This fundamental right is essential to ensure accountability and justice.

• Accountability for At-Fault Drivers:
  ICBC and the provincial government must shift greater responsibility onto reckless and at-fault drivers through stronger enforcement and meaningful penalties — not offload the consequences onto innocent victims.

Why This Matters:
Under the current no-fault model, ICBC saves money by treating all crashes the same, regardless of who caused them. This may cut costs for the insurer, but it lets negligent drivers off the hook and denies justice to the people they harm. Innocent victims are left with limited support and no recourse, while at-fault drivers face little to no real accountability.

• Restoration of the right to pain and suffering compensation for innocent victims injured by at-fault drivers in British Columbia.
  The current no-fault system strips victims of fair recognition and accountability. People harmed through no fault of their own should not be treated like statistics — they deserve justice, dignity, and proper compensation for the real pain, trauma, and life disruptions they suffer.

This backwards system punishes innocent people, while reckless drivers walk away protected.

We need a system that prioritizes fairness, safety, and responsibility.

 

Restore Fairness and Legal Rights through ICBC's Claim Process:

• Remove ICBC’s Direct Payment to Healthcare Providers: ICBC should no longer directly pay healthcare providers for treatment or medical assessments related to personal injury claims. The current system creates significant bias and conflicts of interest, as providers may feel pressured to comply with ICBC’s cost-saving agenda, rather than focusing solely on the patient's health and well-being.

Instead, claimants should receive direct compensation to cover their medical expenses, allowing them to choose their own healthcare providers. This would ensure that medical professionals are working for the patient, not for ICBC’s financial interests. Direct payment to the patient would also empower them to select independent, unbiased providers who can advocate for their recovery without fear of repercussions from ICBC or financial concerns tied to insurer directives.

This shift would remove the financial incentives that currently influence medical decision-making and reporting, ensuring a fairer, more patient-centered approach to care and claims processing.

It aligns with basic human rights principles, guaranteeing that injured persons can independently select and pay providers - restoring autonomy and reducing provider bias.

 

• Restore Access to Independent Legal Advocacy:
  Injured claimants must have the right to independent legal support to protect their rights throughout the claims process. Lawyers play a vital role not only in managing claims, but in providing critical advocacy — especially when treatment decisions, benefit denials, or insurer-directed assessments fail to reflect the full reality of a victim’s injuries. Legal advocacy ensures that injured people are heard, treated fairly, and not left vulnerable in a system that often prioritizes cost savings over care.

 

• Accountability and Responsiveness of Adjusters:
  When an injured person reaches out, timely and clear communication from the assigned adjuster is essential. If the adjuster is unavailable, the file should be promptly reassigned or escalated to ensure the claim is actively and appropriately managed.

 

• Direct and Timely Disclosure of Claim Information:
  ICBC adjusters must provide clear, transparent communication and updates throughout the claims process, delivering all claim-related documents directly to the injured individual via their preferred method (e.g., email) without requiring use of ICBC’s online portal or additional formal requests.

ICBC’s reliance on the online portal for all communications also shifts the burden of errors and mishandling of a person's claim file onto injured individuals, many of whom are coping with complex injuries and are not equipped to navigate this digital bureaucracy.

This ensures transparency, allows individuals, and the independent legal advocate they should have, to verify information accuracy, request corrections, and holds ICBC accountable for proper claim file management.

 

• Swift Correction of Errors and Omissions:
  ICBC must promptly correct any inaccuracies, omissions, or misrepresentations in claim files once identified by claimants or their advocates to prevent unjust denial or delay of care.

 

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

Independent Medical Examiners (IMEs): This term was used before the shift to the No-Fault system. It’s still a recognizable term in discussions about insurance claims and injuries.

Comprehensive Medical Assessments (CMAs): This is the updated terminology under the No-Fault system, and it’s important to note that while the term has changed, the role of these assessments (potential bias due to the insurer paying for them) remains a concern.

The use of ICBC-employed or contracted Independent Examiners and Assessments has raised 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.

 

ICBC Financial Incentives and Healthcare Providers.

The introduction of a $275 fee for physiancians completing Specialized Service Reports for ICBC patients has raised questions about the potential for exploitation. While this compensation aims to recognize the time and work involved, it also created an insentive, a conflict of interest and introduces bias into medical reporting. 

Patient's report these crital reports are often submitted to ICBC without their review or knowledge, denying them the opportunity to correct inacuracies, omissions or ensure their injuries are fully represented. This affects an injured person's care, supports and claim. The lack of trasparency undermines trust in the medical and insurance processes.

• Remove ICBC From Direct Billing Relationships:
  Claimants should be free to choose unbiased healthcare providers. ICBC should not directly manage billing arrangements with care providers or pay for medical reports directly. Instead, funding should be issued to the injured person, who can select and pay providers independently—restoring autonomy and reducing provider bias.

Concerns have been raised that many providers who bill ICBC directly may minimize, downplay, or overlook the severity of nerve injuries and other complex or ambiguous conditions, which can contribute to delayed or denied care.

While you have the right to seek a second opinion from a provider not affiliated with ICBC, doing so requires out-of-pocket payment, and the need of legal advocacy. For many, not knowing who to go to, which Drs are truly patient centred for the care in being injured from an mvi, the high costs and inabilty to find a legal advocate under the new system makes this inaccessible—leaving them stuck within ICBC’s framework.

•  We call for ICBC to recognize and accept detailed treatment reports from licensed healthcare professionals such as physiotherapists, massage therapists, chiropractors, and other allied health practitioners as valid and credible documentation in claims assessments.

Many injured individuals, especially those without a family doctor, are unable to have their injuries documented appropriately due to the limited role of non-physician providers in the ICBC claims process. This policy should be updated to reflect the reality that these practitioners provide essential, ongoing care for many injured people.

ICBC must recognize a wider range of medical evidence in the claims process. Relying solely on physicians' reports is an outdated practice that leaves many injured individuals without a fair chance to be heard. Reports from physiotherapists, massage therapists, and other licensed medical professionals should be treated with the same weight and validity as doctor’s reports in the claims process.

Many injured claimants face barriers accessing appropriate care, especially for complex or insurance-related injuries. While some providers are incentivized by insurance billing systems to offer services, these systems create systemic biases and conflicting incentives—leading to inaccurate documentation and making it difficult to find providers willing to offer ongoing, compassionate care. Many unbiased providers avoid insurance-related claims altogether.

This lack of timely, patient-centered care delays necessary imaging and care, worsens outcomes, and adds unnecessary stress—especially for injured individuals left to navigate the claims process without a legal advocate to protect their interests.

 

• No Out-of-Pocket Costs for Injured Claimants:
  Those injured by at-fault drivers should not bear the financial burden of their own recovery. Claimants must not be forced to cover costs for treatments, reports, or claim management tasks.
  There should be no charge in accessing our own medical information.  ICBC must ensure victims are not punished financially for being injured.

Claimants are often denied timely, direct access to their own clinical records and claim files without additional costs or bureaucratic barriers, undermining their ability to advocate for themselves or identify errors in their records which affect their care and their claim.

 

• We call for the immediate implementation of policies that guarantee injured claimants have unfettered access to their personal clinical records and treatment reports from all healthcare providers involved in their care, including physiotherapists, massage therapists, chiropractors, and specialists. 
  Claimants are often denied timely, direct access to their own clinical records and claim files without additional costs or bureaucratic barriers, undermining their ability to advocate for themselves or identify errors in their records which affect their care and their claim.

This access must be provided at no cost to the claimant, ensuring that they can review, verify, and, if necessary, correct any inaccuracies or omissions in the records before they are shared with ICBC. Claimants should be able to actively participate in the information flow within their claim process, ensuring transparency and fairness.

 

The current system creates significant barriers for individuals without financial resources, leaving them vulnerable to inaccurate or incomplete assessments due to a lack of impartial healthcare options.

 

• No third-party provider should be allowed to review, assess, or interact with the patient’s medical records unless explicit consent has been given by the patient. 
  Patients should have full control over who accesses their medical records and who is involved in their healthcare or insurance claims process. This includes specialists, and any other external providers. Patients must be informed about who will be involved in their care or claims and should have the ability to opt-in or opt-out of these providers.

The current system also fails to provide independent legal support, leaving claimants vulnerable to misinformation, mismanagement, and unfair outcomes.

 

Protecting Injured Claimants from Unfair Dismissal of Accident-Related Injuries

• 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 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.

ICBC often dismisses soft tissue injuries as “minor,” but this classification overlooks the serious and lasting damage they can cause. Soft tissue injuries—such as muscle tears, ligament damage, and nerve compression—can lead to scarring, chronic pain, and functional limitations that significantly impact an injured person’s life. Labeling these injuries as minor results in inadequate assessments, limited access to proper specialized imaging and treatment, and unfair denials of benefits.

• 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 medical judgment
• Ignores a person's lived experience
• 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.

ICBC nor health care providers should dismiss legitimate injury claims by attributing symptoms to age-related changes or asymptomatic pre-existing conditions. A claimant’s prior health history must not be used to minimize the severity of injuries sustained in a motor vehicle accident. Injuries caused or aggravated by the accident must be recognized as such, regardless of any pre-existing or unrelated medical issues.

Many injured claimants, especially those with nerve-related or complex injuries, face significant barriers to care, as such injuries are often hard to detect, may worsen over time, and are frequently misunderstood or dismissed. Additionally, systemic racism and biases in healthcare and claims processes disproportionately affect Indigenous peoples, racialized communities, seniors, and those with pre-existing conditions, who often encounter stereotyping, dismissiveness, and attempts to blame symptoms on unrelated causes, ignoring that pre-existing conditions were worsened by-not the cause of-their injuries. People with pre-existing conditions are often treated as if they cannot sustain new injuries, or that any injury they do report must be caused by—or connected to—their pre-existing condition, even when the injury is entirely separate and unrelated.

Under Section 15 of the Canadian Charter of Rights and Freedoms, individuals with pre-existing physical or mental conditions are entitled to equal treatment and protection under the law. The presence of such a condition must not be used to deny, minimize, or distort the legitimacy of a separate and unrelated injury.

Need for Specialized Diagnostic Imaging

• ICBC and care providers must not limit access to specialized MRI imaging techniques. All injured claimants deserve full coverage for the necessary tests that allow for a comprehensive and accurate evaluation of their injuries.

Standard imaging, such as X-rays, CT scans, and EMGs, often fail to detect complex soft tissue injuries, including muscle tears, ligament damage, herniated discs, nerve compression, and vascular compromise. Early-stage nerve irritation or inflammation may not show up on an EMG, especially if the damage hasn't progressed to the point of impacting muscle function or the injury hasn't yet caused noticeable muscle weakness or atrophy. Significant nerve involvement can still occur, affecting function and causing pain or sensory disturbances, even in the absence of visible muscle changes. They also frequently miss spinal cord issues and nerve root involvement, which may not show up unless there is significant structural damage.

In these cases, specialized imaging techniques like MR Neurography, Brachial Plexus MRIs, and Dynamic MRIs are crucial for diagnosing nerve-related and soft tissue injuries that traditional imaging often misses. These advanced scans provide a more accurate picture of complex injuries that aren't detected with standard tests.

Without appropriate imaging and care, nerve irritation or damage can worsen over time, potentially affecting vital functions. Undiagnosed soft tissue injuries can also lead to prolonged recovery, increased healthcare costs, and a reduced quality of life. Individuals may be forced to cope with ongoing pain, physical limitations, and the emotional toll of living with untreated injuries. Timely and accurate diagnoses are critical to preventing these long-term effects and ensuring that injured individuals receive the comprehensive care needed to restore their health, function, and well-being.

These challenges reflect broader systemic gaps that can affect anyone navigating recovery after an accident. Together, these systemic gaps create a deeply unfair environment, compounding harm for vulnerable claimants and delaying or denying them the care they need. 

Independent Oversight for Fair and Transparent ICBC Claims Data
To ensure transparency and accountability, data collection, analysis, and public reporting on claims outcomes by race, age, and pre-existing conditions must be conducted by an independent body — not ICBC or government ministries. This oversight entity should have full authority and resources to identify systemic biases, monitor progress, and recommend necessary reforms to protect injured claimants.

Why This Matters
British Columbians injured in motor vehicle accidents deserve a claims system that is fair, transparent, and compassionate—one that respects their rights, prioritizes their recovery, and ensures they are not further harmed by a system designed to reduce costs at their expense.

We urge the BC government and ICBC to implement urgent reforms that restore fairness, timely care, and transparency—ensuring injured British Columbians are treated with dignity, not burdened by bias.

The current ICBC Enhanced Care model creates a power imbalance, where the insurer controls access to care, has blocked legal support, and limits information—leaving injured individuals to fight alone without legal advocacy in a complex system that requires legal help to navigate medical records, treatment providers, and ICBC coding. Managing a complex injury claim amid a digital bureaucracy and unresponsive or biased providers imposes an overwhelming financial and emotional toll on injured individuals and their loved ones, whose lives have already been impacted by at-fault drivers, is effectively inhumane.

 
Disclaimer:
This petition is intended solely to advocate for fair and transparent policy reform within the ICBC Enhanced Care system. It is based on the lived experiences and concerns of injured individuals and members of the public. It does not intend to defame or target any individual or provider, but to highlight systemic issues that require legislative and administrative change to better support British Columbians.