ICBC's new 'no fault' model leaves accident victim feeling betrayed
Vancouver cyclist Gary Kalmek suffered a broken leg, a broken arm and three broken ribs when he was hit by a car while riding his bike at Main Street and 15th Avenue in Vancouver in early June.
After undergoing multiple surgeries and spending a week in hospital, the 38-year-old library tech assumed he would be compensated for pain and suffering.
ICBC is paying his medical expenses and lost wages, but under the province’s new “no fault” model, which came into effect on May 1, most accident victims can no longer sue the offending driver and the insurance corporation.
“It definitely feels like there should be compensation,” said Kalmek. “I cycle, I play sports as well. As much as I try to stay optimistic about my healing, if I have a limp for the rest of my life, if I can’t lift my arm above a certain height for the rest of my life, then those things are taken away from me.”
Vancouver personal injury lawyer Manjot Hallen says his firm is getting many calls from accident victims like Kalmek.
“ICBC is going to treat his and other injuries like minor injuries and say, ‘Look, you’re not entitled to any pain and suffering damages,’” Hallen said. “And we as lawyers, while we get these calls and we sympathize with the victims, we can’t do anything to change that. We can’t fight back.”
Removing lawyers from the mix is the main point of moving to a no fault insurance model.
“Legal costs were certainly a factor under the previous insurance system,” said ICBC spokesperson Brent Shearer. “With enhanced care, by largely removing those legal costs, we are able to take that money and put it back into improved care and recovery benefits and lower auto insurance (premiums) for everyone in British Columbia.”
Shearer added that, on average, B.C. drivers are saving more than 20 per cent on their premiums compared to the old model.
But Hallen argues the trade off isn’t worth it.
“People are getting a little bit of a rebate on your insurance, whether its 10 or 20 per cent, but what they’re discovering is when they’re involved in motor vehicle accidents, they’re not going to get any compensation for them,” Hallen said.
While Kalmek won’t be compensated for his injuries, he was told the driver who hit him will have to pay higher insurance premiums.
“That just felt like a betrayal, that ICBC was just was trying to get more from (the accident),” he said.
Kalmek is hoping to one day cycle and play sports again. He’s currently off work and walking with a cane. He has permanent scars on his leg and shoulder, as well as a metal rod, plates and pins inside his body.
“Even if I do heal, those things will be a reminder of what has happened, and will be a reminder of ICBC also just disregarding the scars and the plates and everything else that has happened to me,” Kalmek said. “It just feels terrible.”
CTVNews.ca Top Stories
Orca calf that was trapped in B.C. lagoon for weeks swims free
An orca whale calf that has been stranded in a B.C. lagoon for weeks after her pregnant mother died swam out on her own early Friday morning.
King Charles' cancer treatment progressing well, says Buckingham Palace
King Charles III’s doctors are 'sufficiently pleased' with his cancer treatment and he is expected to return to public-facing duties, Buckingham Palace announced on Friday.
AFN chief says Air Canada offered a 15% discount after her headdress was mishandled
After the Assembly of First Nations' national chief complained to Air Canada about how staffers treated her and her ceremonial headdress on a flight this week, she says the airline responded by offering a 15 per cent discount on her next flight.
Sophie Gregoire Trudeau on navigating post-political life, co-parenting and freedom
Sophie Gregoire Trudeau says there is 'still so much love' between her and Prime Minister Justin Trudeau, as they navigate their post-separation relationship co-parenting their three children.
DEVELOPING Bird flu outbreaks: WHO weighs in on public health risk
The current overall public health risk posed by the H5N1 bird flu virus is low, the World Health Organization said on Friday, but urged countries to stay alert for cases of animal-to-human transmission.
76ers All-Star centre Joel Embiid says he has Bell's palsy
Philadelphia 76ers All-Star centre Joel Embiid has been diagnosed with Bell’s palsy, a form of facial paralysis he says has affected him since before the play-in tournament.
Island near Mull of Kintyre for sale for US$3.1 million
An idyllic 453-acre private island is up for sale off the west coast of Scotland and it comes with sandy beaches, puffins galore, seven houses, a pub, a helipad and a flock of black-faced sheep.
Regina police officer injured after being accidentally shot by fellow officer's gun
An investigation is underway after a Regina police officer was accidentally shot by a fellow officer’s gun during the search of a house early Friday morning.
Taylor Swift dons Montreal designer's dress in 'Fortnight' video
A pair of Montreal designers' work has now been viewed over 41 million times. Taylor Swift dons a Victorian throwback black gown in her latest music video, 'Fortnight', designed by UNTTLD due Simon Belanger and Jose Manuel Saint-Jacques.