A Saanich, BC man who was paralyzed in a car accident last year is launching a legal challenge against ICBC’s no-fault insurance model, arguing that its limit on compensation claims violates his constitutional rights.
Tim Schober was struck by a vehicle while riding his bicycle in August 2021. He was flown to Vancouver and spent seven months in hospital with a catastrophic spinal injury, leaving him a quadriplegic in a wheelchair for the rest of his life. life.
The 67-year-old says ICBC’s current model, which prevents victims like him from suing for compensation and limits their benefits to lump sums, is further affecting his quality of life.
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“It does not provide an adequate amount of money to pay for my caregiver, so the amount of care I receive has been reduced from what it should be to match the ICBC limit,” he told Global News.
“Under the old system, I would have received a settlement and had autonomy to make my own decisions about care, therapy, equipment, etc. But now, every item goes to ICBC and ICBC responds at their discretion, in their sweet time, which is usually not very fast.”
Before the accident, Schober was an avid cyclist who enjoyed staying physically active while working as a lawyer and enjoying his family life.
Now, she faces daily challenges with her mobility and self-care. He moves his wheelchair with a mouth-controlled sensor and requires assistance with most activities, including eating and drinking.
Schober is launching his constitutional challenge alongside BC trial attorneys, who have long fought the no-fault insurance model since it was announced in 2020. The model went into effect last spring.
Bill Dick, president of Trial Lawyers of BC, says the legal process will be long as he and his team gather evidence that will help challenge the legal validity of the legislation.
“It will probably go to the Supreme Court of Canada because of how important it is, so yeah, it will take some time,” he said.
In a statement, the Ministry of Public Security defended the no-fault insurance model, which it says has reduced insurance costs for drivers by an average of 28 percent.
He also insisted that British Columbians injured in accidents are receiving “all the care they need, for as long as they need it, regardless of who caused the accident.”
“While we cannot comment on a potential submission that we have not seen, the government carefully considered constitutional issues in designing the Enhanced Care model which is based on the experience of other jurisdictions where similar models are in operation,” the ministry said. . .
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BC man hit by car says no-fault insurance system ‘just doesn’t make sense’
The no-fault insurance was one of several measures introduced by the province to cut costs for ICBC, which had become what Attorney General David Eby called a financial “garbage fire.”
However, several British Columbians have complained that they have had to pay mounting bills under the new system, which does not always compensate claim victims for what they say they are owed.
Schober says his experience is just the latest example showing that no-fault insurance should be overhauled or replaced.
“I think the government has told the people of BC that the newer insurance plan is better, but that’s not necessarily true, especially in catastrophic situations,” he said.
“I think people need to know that they have been sold a list of goods.”
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