Since May 1, 2021, British Columbia has operated under a mandatory ICBC no-fault insurance regime known as In May 2021, the British Columbia government moved to a no-fault insurance system for motor vehicle accidents, known as ICBC Enhanced Care. Under this system, almost anyone injured as the result of a motor vehicle accident in BC — whether they were driving, a passenger, cycling, or on foot — has lost the right to sue.
We think British Columbians deserve better than this. Before 2021, someone injured by a negligent driver could pursue full compensation through the courts, with a lawyer representing their interests against the driver and their insurer. Today, that same person deals directly with ICBC, under a fixed schedule of benefits, with no legal claim against the person who caused the accident, and no one advocating for them. The government has forced almost every injured victim of a motor vehicle accident to go it alone against ICBC.
Because of this, in almost all cases, we cannot bring a claim on your behalf, because the law no longer allows it. There is one narrow exception: if the driver who hit you was criminally convicted of a driving-related offence connected to the accident, such as impaired or dangerous driving, you may still have the right to sue. Even then, the damages available are limited, and a lawsuit is only worthwhile if the driver has assets or insurance to pay a judgment. In practice, these cases are rare and difficult to bring successfully. If you believe your situation may fall into this category, we encourage you to contact us so we can review it with you.
If you have questions about the benefits you’re entitled to under Enhanced Care, or if you feel ICBC is not treating your claim fairly, you have limited options. You can request that ICBC review their own decision, and if that doesn’t resolve things, you can bring a dispute to the Civil Resolution Tribunal, the independent body that decides most disagreements about accident benefits. There are deadlines that apply, so it’s worth acting sooner rather than later.
And if you think it’s unfair that British Columbians lost the right to hold negligent drivers accountable, say so. This system was created by government, and government can change it. Call your MLA and let them know.
