LETTER TO THE EDITOR: ICBC Enhanced Care — The Truth

Written by Linda Chisholm

I am writing to share my experience with ICBC’s Enhanced Care no-fault model and the recent hearing held to review the legislation.

A hearing was scheduled during September 21- September 24, to review the legislation surrounding ICBC’s Enhanced Care no-fault model.

Submissions were invited from British Columbians and organizations to share their experiences—both good and bad—with Enhanced Care. Seven MLAs were appointed to the committee, representing the NDP, Conservatives and Green Party. Each MLA was able to select seven submissions from the more than 200 received to be presented in person.

The organizations and individuals I heard from included the Crisis Centre BC, Fraser Valley Brain Injury Association, GF Strong Rehabilitation Centre, the Insurance Brokers Association of BC, Nurses and Nurse Practitioners of BC, the Trial Lawyers Association of BC, and many others.

I was chosen to testify.

I was there to tell the story of the loss of our three girls. There was no conviction, and our family was left without the accountability or recourse we desperately needed.

Several victims, however, did not get the opportunity to speak in person. I have read their stories, and they are devastating. Their experiences are terrible, and they deserved to be heard. Their pain, struggles and losses are just as real, even though they were not given the opportunity to share them directly with the committee.

Each individual was given five minutes to present their experience, followed by another ten minutes of questions from the MLAs. We were there to tell them what it is actually like to live with Enhanced Care and no-fault insurance.

The entire day and a half was deeply emotional.

We heard stories of catastrophic injuries that were never classified as catastrophic. Under the legislation, two or more specified major amputations are considered catastrophic, while the loss of one limb does not automatically meet that definition.

We heard about people struggling to navigate the Enhanced Care system, long wait times, having to pay expenses out of pocket and then fight for reimbursement, and income replacement benefits that many felt were inadequate.

We heard from families affected by fatalities who felt they were left without meaningful consequences or accountability where there was no criminal conviction.

And Part 10 section 115 of the legislation states that there is no “Right of Action”

The MLAs were engaged throughout the testimonies and asked important questions. There were moments when many of us felt hopeful that perhaps real changes could finally be made for injured people and families in British Columbia.

Then, at noon on the second day, the hearing was adjourned.

An election had been called, and the committee was disbanded.

It was incredibly disappointing for everyone who had come forward and shared some of the most painful experiences of their lives. It was also heartbreaking for those whose submissions were selected but who never had the opportunity to speak in person. We were assured that our testimonies would become part of the official record and that, after the election, a new committee would be formed and the review could continue.

But that leaves us with a fear.

The new committee may read the transcripts, but they will not feel what filled that room for a day and a half. The pain, the frustration, the struggle and the heartbreak that people shared will be reduced to words on paper. The stories of those who were not able to speak will also be reduced to written submissions, despite the terrible experiences they endured.

One of the suggestions made repeatedly was that an independent advocate should be available to injured people and families of those who have died—someone who could help them navigate the system and help them find a path toward accountability and recourse.

For all of us who came forward with hope that this process could lead to meaningful change, having it stopped this way was heartbreaking.

And now, once again, we wait.

I strongly encourage British Columbians to go to the BC Parliamentary website and read some of the submissions that were made. Listen to the testimony. Read the stories of those who were not given the opportunity to speak. Hear what injured people and families have experienced under Enhanced Care.

Then think long and hard about the decision you will make in this election and who you want to lead our province.

Because no-fault insurance was not designed to deliver justice. In my view, it was designed to control and minimize payouts.

Injured people can become overwhelmed by the bureaucracy while they are simply trying to recover and rebuild their lives.

And that is the insurance system we all pay for.