A retired firefighter in British Columbia who was hit by a car while cycling is speaking out against the lack of care he is receiving under the province’s no-fault insurance system. The incident occurred on May 16, 2023, in Vernon, B.C., leaving the cyclist with multiple injuries including broken ribs, a broken scapula, a broken collarbone, and a concussion. While he initially received care for his injuries, including mental health support, he claims that the funding was abruptly cut off by ICBC at the end of December 2023.
Under B.C.’s no-fault insurance system, crash victims are unable to sue at-fault drivers and must rely solely on ICBC for compensation. This policy has been criticized by a Vancouver lawyer who believes that it is unfair to victims. The lawyer, Kyla Lee, has stated that many clients feel that they are not being treated fairly by ICBC and that their rights have been taken away. Without the ability to hire a lawyer or access sufficient compensation through the Civil Resolution Tribunal, victims like the retired firefighter are left without adequate support.
The retired firefighter alleges that ICBC is attributing his PTSD and anxiety to a previous incident from six years ago when he was working as a firefighter. Despite this, the assessor provided by ICBC did not personally meet or speak with the claimant. This lack of communication and transparency has only added to the frustration and confusion surrounding the case. ICBC has been criticized for its handling of such situations, with claims that the insurer has the power to deny compensation without proper evaluation or examination of the victim.
In response to the criticism, ICBC has stated that it is in communication with the retired firefighter to gain a better understanding of his current situation and recovery progress. The Crown corporation claims that the claimant has received 120 treatments since the collision, along with wage loss benefits and compensation for permanent injuries sustained. Following a review of the case, ICBC informed the claimant that additional funding for counselling or income replacement could not be extended. However, they have outlined the options available to dispute this decision and have stated that individuals who experience setbacks in their recovery may be eligible for additional accident benefits.
The retired firefighter’s case highlights the challenges faced by individuals navigating the no-fault insurance system in British Columbia. The lack of transparency, communication, and perceived unfairness in decision-making processes by ICBC have led to frustration and feelings of powerlessness among victims. With limited options to seek legal recourse and inadequate compensation, the need for reforms and improvements in the no-fault insurance system have become increasingly apparent. It remains to be seen how ICBC will address these concerns and ensure that individuals like the retired firefighter receive the care and support they need to recover from their injuries.
