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ICBC Law

No Fault Insurance

By April 20, 2022No Comments

As of May 1, 2021, the BC Government dramatically changed how ICBC works by implementing “No Fault” insurance for every driver in the province. This new legislation marked the single largest instance of a government denying access to justice for British Columbians in this province’s history.

What is No Fault Insurance? No Fault means that if you are injured in a motor vehicle accident by a reckless driver, that driver is entitled to the same benefits as you. It means that a person injured in a motor vehicle accident cannot sue for their damages, and will be forced to go back and seek approval from an ICBC adjuster for every treatment cost or wage loss benefit for as long as their injuries last – sometimes for the rest of their lives. If the ICBC adjuster refuses to pay for needed care or wage loss benefits, the injured person is left with virtually no options.

Why is No Fault so bad? No fault is an inequitable public policy. No fault discriminates against younger workers, children, the elderly and historically underrepresented groups in the work force including women and minorities. No Fault ignores those with pre-existing disabilities. No Fault eliminates compensation for pain and suffering and loss of income earning capacity. No Fault handcuffs injured British Columbians to ICBC for the duration of their injuries with virtually no right to sue. No Fault will make ICBC bigger and more powerful – essentially ICBC will be WCB on wheels.

Why did the government bring in No Fault? ICBC has been mismanaged for years. The BC Government is attempting to balance the books of its bureaucratic insurance monopoly on the backs of injured British Columbians. Instead of reducing high paid ICBC management or making ICBC more efficient, the government will be paying less to injured victims in order to benefit ICBC. The government claims that No Fault will save British Columbians money, but studies have shown that on average No Fault is actually more expensive than our current tort based system.

What can I do about this? You can help in the following ways:

  1. Write your MLA (click here for list of MLAs), Premier John Horgan (Premier@gov.bc.ca), and Minister of Public Safety & Solicitor General Mike Farnworth (PSSG.Minister@gov.bc.ca) to voice your opposition to No Fault insurance in BC;
  2. Visit www.notonofault.com and subscribe for email updates;
  3. Follow @notonofault on Facebook and Twitter;
  4. Tell your story via the No to No Fault website; and
  5. Send this post, and spread the word, to your friends, family, colleagues, clients, patients, and teammates.