A Saanich, B.C., man who was paralyzed by a car crash last year is launching a legal challenge against ICBC’s no-fault insurance model, arguing its cap on compensation claims violates his constitutional rights.
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Under new ICBC rules, each parent is entitled to $14,918 for the death of a child. Rules also state they will not be able to sue for more compensation.
“Heartbreaking,” Michael said. “It hurts that somebody can define her as having a number and that number ends up being roughly six times less than the value they would put in for a car.”
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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, 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 ICBC.
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Our Society has identified numerous issues with this No-Fault legislation specifically in conjunction with the current Family Compensation Act legislative framework.
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16-year old Lindsey Kean from Nanaimo had her leg broken after being struck by a car while crossing the road. Her surgery was unnecessarily delayed, causing a fat embolism (a preventable medical error), and died as a result.
Hauntingly, 17-year old Heidi Klompas, daughter of one of The BC Wrongful Death Law Reform Society’s founding members, died 19 years earlier, from the exact same preventable medical error after having been hit and her legs broken by a drunk driver.
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