Attorney General David Eby announces an overhaul of ICBC claims, Feb. 6, 2018. (Black Press)

B.C. VIEWS: Fixing the real problem at ICBC

Car insurance ‘dumpster fire’ mainly lawyer fees, neglected serious injuries

Attorney General David Eby has taken the most serious steps in 40 years to deal with the core problem at the Insurance Corporation of B.C.

He is doing what four previous B.C. governments wouldn’t do, which is change a system that rewards people for staying injured instead of getting better. And he’s staring down his fellow lawyers in the personal injury field, who have turned thousands of minor injury claims into winning lottery tickets for themselves and their clients, at the expense of people with serious disabilities from vehicle crashes.

A $5,500 cap on “pain and suffering” payouts is a necessary first step. And a civil resolution tribunal to assess minor injury claims without the slow and vastly expensive court system is equally important.

First, what’s a “minor injury” in all this? The exact legal definition is still in the works, but the attorney general’s ministry says it “will include things like sprains, strains, mild whiplash, cuts and bruises, anxiety and stress from a crash.” It won’t include concussions or other brain injuries, or broken bones, which can at least be shown on an X-ray.

Eby promises this determination will be made by independent medical experts, not ICBC or the government, and the tribunal will rule on disputes within 90 days, without lawyers.

ICBC management confirms what I described in this space last fall: the latest tactic of U.S.-style ambulance-chasing lawyers is to use B.C.’s two-year time limit for filing injury claims to maximum advantage.

Clients are encouraged to deal with the vehicle claim but hold off on the injury. Milk our naive “free” health care system with frequent doctor visits to build up a record of suffering and soft-tissue treatments. Continually emphasize the discomfort and anxiety that follows the crash, because there’s no x-ray machine that can disprove it. Start talking about “my accident,” as if it’s your new career.

Then, as the two-year deadline approaches, assemble the whole thick file into a lawsuit against ICBC, which currently is receiving new lawsuits at a rate of 60 a day. This is why suddenly emerging minor injury claims have morphed into an average cost of $450,000, with lawyers and experts just to settle them out of court.

Eby deserves full credit for his other major move, which is to take the money being siphoned off for minor injuries and use some of it to double the maximum benefit for serious injury and death, from $150,000 to $300,000. Incredibly, this is the first increase since 1991 for people whose lives are actually devastated by a crash.

What it means, says Jane Dyson, executive director of Disability Alliance B.C., is that someone who is a quadriplegic as a result of a vehicle accident can actually afford to replace his or her electric wheelchair every few years.

Unfortunately, the minor injury cap doesn’t take effect until April, 2019. Stand by for a gold rush of questionable personal injury claims in the meantime.

And Eby’s formula contains a flaw that could prove fatal to the whole exercise. The “minor injury” assessment has a one-year deadline. The ministry explains it this way:

“If, after 12 months, a customer continues to have serious impairment from the injury, or has significant inability to care for themselves, it would no longer be considered minor and would not be subject to the limit for pain and suffering payouts.”

The last NDP government discovered 20 years ago what happens to welfare rolls when the rate is raised and eligibility is eased. More people opt for a free ride than you expect. They may soon get a similar lesson in human nature.

Tom Fletcher is B.C. legislature reporter and columnist for Black Press. Email: tfletcher@blackpress.ca


@tomfletcherbc
tfletcher@blackpress.ca

Like us on Facebook and follow us on Twitter.

Just Posted

Langley Junior Thunder ‘done in’ by parade to the penalty box

Langley lost 11-5 to Coquitlam Junior Adanacs in BC Junior A Lacrosse action at LEC

Langley fundraiser for man burned in campfire mishap

Harold Duncan-Williams suffered first, second and third degree burns when his shirt caught on fire

Critter Care annual open house set for July 21 and 22

Guided tours offered during South Langley wildlife facililty fundraiser

Chaotic Metro Vancouver vote rejects Hazelmere Valley development

Accusation of ‘improper’ behaviour, after Surrey Coun. Starchuk notes receipt of ‘new information’

Letter: No one is forced to attend TWU

Editor: This past week Trinity Western University lost its case at the… Continue reading

B.C. BMX kid wows GoPro with homemade video

Eight-year-old Rex Johnson wins award for inventive video

Blue Jays closer Roberto Osuna suspended for 75 games

23-year-old pitcher faces assault charge

Vancouver Canucks tab Quinn Hughes with No. 7 overall pick in NHL draft

University of Michigan standout was second defenceman picked in first round

Horse put down after hit by car in Maple Ridge, one person to hospital

Accident along 132nd Avenue in Maple Ridge Friday afternoon

Gun, drugs and cash seized in arrest of alleged B.C. fentanyl dealer

Vancouver Island man Brent Connors is facing nine charges in relation to investigation

Jogger spent two weeks in U.S. detention centre after accidentally crossing B.C. border

Cedella Roman, 19, crossed the border while out for a run

PHOTOS: Police rescue baby seal found on rocky B.C. shoreline

Marina Mammal Rescue Centre recommends residents observe from a distance

B.C. woman with severely disabled son keeps getting parking tickets

‘There has to be something they could do’

‘Creep off’ reporting system aims to track street harassment in Metro Vancouver

Text-based hotline launches to collect public reports on where and when harassment occurs

Most Read