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
Why drivers in Ontario, Quebec and Atlantic Canada will see a gas price spike, and other Canadians won't
Drivers in Eastern Canada face a big increase in gas prices because of various factors, especially the higher cost of the summer blend, industry analysts say.
How to avoid the trap of becoming 'house poor'
The journey to home ownership can be exciting, but personal finance columnist Christopher Liew warns about the trappings of becoming 'house poor' -- where an overwhelming portion of your income is devoured by housing costs. Liew offers some practical strategies to maintain better financial health while owning a home.
Toxic forever chemicals in drinking water: Is Canada doing enough?
As the United States sets its first national limits on toxic forever chemicals in drinking water, researchers say Canada is lagging when it comes to regulations.
'A living nightmare': Winnipeg woman sentenced following campaign of harassment against man after online date
A Winnipeg woman was sentenced to house arrest after a single date with a man she met online culminated in her harassing him for years, and spurred false allegations which resulted in the innocent man being arrested three times.
McDonald's customers left with 'zero value' collection of free hot drink stickers after company ends program
It took years for Vinnie Deluca to collect more than 400 cards worth of free McDonald's McCafe coffee, a collection that now has "zero value" after the company discontinued the program.
Biden scores endorsements from Kennedy family, looking to shore up support against Trump and RFK Jr.
U.S. President Joe Biden will accept endorsements from at least 15 members of the Kennedy political family during a campaign stop in Philadelphia on Thursday as he aims to undermine Donald Trump and marginalize the candidacy of Robert F. Kennedy Jr.
Where did the gold go? Crime expert weighs in on unfolding Pearson airport heist investigation
Almost 7,000 bars of pure gold were stolen from Pearson International Airport exactly one year ago during an elaborate heist, but so far only a tiny fraction of that stolen loot has been found.
When new leaders took over in ancient Maya, they didn't just bury the former royals. They burned their bodies in public
New archeological investigations in Guatemala reveal that the ancient Maya people had a ritual of burning royal human remains as a public display of political regime change.
Party's over: Coyotes play final game as Arizona franchise before move to Salt Lake City
Mullett Arena buzzed like few times in the two years since the Arizona Coyotes moved in, the fans amped for one last desert hurrah.