Eby rejects complaints from accident victims about no-fault insurance

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VICTORIA – Premier David Eby continues to downplay the plight of victims of his no-fault car insurance reform, suggesting their best hope for relief is a comprehensive review of the system in two years.

Eby recently turned away a reporter who raised the complaints of people who had suffered life-changing injuries in car accidents.

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They were not adequately compensated under the so-called enhanced care system that Eby introduced during his tenure as ICBC Cabinet Minister in 2021. What did the Prime Minister think of their concerns?

As it turns out, not much.

“One of the commitments we made when we introduced the new system was to carry out a review after five years,” Eby replied.

“Of course, over time, problems arose with the new system that we had to address – problems related to pedestrians and cyclists and other aspects.

“We have addressed these issues, but there may be more. This review will allow us to close any gaps that may still exist.”

There COULD be further coverage gaps?

Eby is usually well informed. He certainly knows some of the horror stories that surfaced in the first three years through no fault of his own.

The accident victims who suffered a second loss as a result of ICBC’s arbitrary and inadequate settlements. And then a third time when they learned that they had little scope to seek redress in court under the no-fault rule.

Take the case of Victorian lawyer Tim Schober. He suffered quadriplegia in August 2021 when he was hit by a car while cycling, making him one of the first victims of a life-changing accident to be awarded a settlement under the falsely called “extended care” program.

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He recently told his story to reporter Cindy E. Harnett of the Victoria Times Colonist.

“Schober needs two caregivers for a morning and afternoon shift,” she reported. “That means two hours of morning routine to wash him, dress him, put him in bed, put him in a sling, lift him into his chair and feed him.”

“The night caregiver must ensure that his bedsheets are free of wrinkles and that the pillows support his body so that he does not develop bedsores after eight hours of immobility. He must be given a colostomy bag and a ventilator must be used at night to compensate for his reduced lung capacity.”

However, ICBC only paid him $264,000 as a one-time payment for his permanent disability. There was no compensation for consulting costs or loss of earnings for his wife Lisa, who can no longer work.

“Our lives have been turned upside down,” she told the reporter. “I have to submit receipts for everything we buy for my husband related to his accident to an ICBC claims adjuster, who can then reject or approve the receipt.”

Although no error was made that precludes routine legal challenges to ICBC’s do-or-die settlements, Schober has nevertheless gone to court in a lawsuit filed with the Trial Lawyers Association of BC.

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Meanwhile, he points out that the significant improvement in ICBC’s financial results was achieved in part at the expense of victims like himself.

At the same press conference, Eby immediately referred to ICBC’s improved financial results and said that further reforms could undoubtedly only be implemented after the review planned for 2026.

“We are now in our sixth year of zero percent increases in basic health insurance,” he boasted. “That’s how significant these reforms are and how much they are saving British Columbians, almost $500 per person.”

The most recent payout, which Eby himself announced as part of an election-year giveaway, was a $110 rebate.

But rather than admit that any of it came at the expense of victims like Schober, the prime minister suggested that every penny was snatched from the greedy hands of personal injury lawyers.

“The beneficiaries of the old system were the lawyers. It wasn’t the drivers who paid double-digit increases every year. It wasn’t the people who were injured in accidents who paid 30 percent of the compensation that was supposed to cover their care for the rest of their lives, at least in legal fees.”

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“This amount does not include the money that lawyers lent them while they endured years of legal proceedings and waited for the money to come through for their care.”

This is not a personal hostility toward lawyers, Eby quickly added.

“I am the son of a personal injury lawyer, so there is no inherent bias here,” he said, not hesitating to bite the hand that fed him.

Finally, Eby attacked British Columbia Conservative Leader John Rustad for proposing a limited exemption from liability for victims of life-changing injuries. Rustad said it would allow them to seek “fair and adequate compensation” in court.

“A gift to personal injury lawyers,” Eby scoffed, accusing Rustad of revealing “an important aspect of his character.”

Eby also revealed a sign of his character with his obvious lack of compassion for the accident victims that Rustad wants to help.

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