Policy Statement
Victims who suffer life-altering injuries in motor vehicle accidents will be exempt from the no-fault insurance regime and permitted to pursue fair and reasonable compensation in the British Columbia court system.
To maintain the significant cost-saving measures currently in place with ICBC, there will continue to be a monetary cap for pain and suffering due to “minor injuries,” or better defined as “soft tissue” injuries. The definition of “minor injury” will be amended to accord with medical consensus and the commonsense definition of “minor injuries.”
Importantly, this policy will help to allow for competition in BC’s vehicle insurance market. The ICBC monopoly will never produce the cost savings a competitive free market will.
Background Information
On April 1, 2019, following legislation passed by the BC NDP, ICBC implemented a monetary cap on pain and suffering of $5,500 for “minor injuries,” indexed for inflation. Victims of car crashes continued to have the right to sue for other heads of damages, such as wage loss, future loss of opportunity, future cost of care, loss of housekeeping capacity, and special damages. Victims with injuries that fell outside of the “minor injury” definition were exempt from the monetary cap on pain and suffering and could pursue their claim in the British Columbia court system. The “minor injury” cap scheme had the clear impact of providing substantial cost savings to ICBC, which, if left in place as policy, would have brought ICBC to a profitable state, allowing meaningful reductions in drivers' premiums.
Without first allowing the “minor injury” cap scheme to run its course and determine the financial implications of the scheme, the BC NDP instead introduced and passed no-fault legislation eliminating the vast majority of legal rights of injured victims of car crashes in British Columbia.
That is, on May 1, 2021, the BC NDP introduced a one-sided no-fault scheme which provided no exceptions for victims with life-altering major injuries. All victims of car accidents, regardless of the severity of their injuries, must seek compensation and treatment from ICBC for the duration of their injuries or losses. Disputes can only be filed with the Claims Decision Review, a branch of ICBC, or the Civil Resolution Tribunal. Appealing through the British Columbia court system is not permitted.
Under the no-fault scheme, which is the most restrictive program in North America taking away legal rights, victims of a car crash have very little opportunity for reasonable and fair compensation for their injuries. ICBC, in turn, decides the type of treatment and compensation victims receive, with little opportunity for an independent review of ICBC’s decision-making. Wage loss, out-of-pocket expenses and other losses are not fully compensated, leaving the victims to suffer the consequences of somebody else's wrongdoing. More disturbing, the individual who caused the car crash is entitled to the same compensation as the victim of the car crash.
Recommendation
The current BC NDP and ICBC no-fault insurance regime is the most oppressive and right-stripping scheme in North America. Exceptions must be made for victims of car crashes who suffer catastrophic, life-altering injuries. It is most unfair for victims of car crashes suffering catastrophic, life-altering injuries to be forced to suffer the financial consequences of a car crash caused by another motorist and have little avenue to dispute what little support ICBC provides under the no-fault scheme.
The cap on “minor injuries” or “soft tissue” injuries is a logical cost-saving measure. However, the maximum compensation for minor injuries ought to be increased to properly compensate victims with minor or soft tissue injuries that have developed into life-long chronic pain conditions.
This proposed policy by the Conservative Party of BC will restore victims’ rights, a hallmark of our society. There will be fair and reasonable compensation for life-altering injuries victims have suffered through no fault of their own. The motorists that cause the car crash will no longer be on equal footing with the victim of the car crash. With the “minor injury” monetary caps still in place, ICBC will be sufficiently profitable to ensure that the premiums of motorists in British Columbia can be reduced to reasonable levels.
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