On September 21, CBABC First Vice President Sarah Klinger and CEO Kerry Simmons, KC delivered oral submissions to the special committee reviewing the Insurance (Vehicle) Act. CBABC called for greater accountability for ICBC, which holds disproportionate power in its dealings with victims of motor vehicle accidents.
MLAs showed particular interest in questions CBABC raised for the Attorney General and ICBC, and the discussion highlighted the need for additional BC Supreme Court judges and adequate court funding to address growing caseloads.
On August 12, CBABC delivered a submission to the Special Committee of the Legislative Assembly reviewing Parts 10 and 11 of the Insurance (Vehicle) Act. We recommend that British Columbia develop a fair insurance system adjudicated by an independent judiciary.
Under B.C.’s current no-fault model, people cannot sue for bodily injury or vehicle damage after a vehicle accident. Instead, ICBC determines compensation. If a person disagrees with an ICBC determination, they must apply to the Civil Resolution Tribunal, before they can access the courts.
CBABC members raised concerns that the no-fault model does not adequately compensate innocent injured parties, especially those who are most severely injured. Members also expressed concern that ICBC holds disproportionate power throughout the process and that disputes are directed to the Civil Resolution Tribunal, where people encounter further barriers.
Only an independent and accessible judicial system can ensure fairness in any dispute between an individual citizen and a public institution.
CBABC developed this submission after soliciting feedback from members.
Questions? Email us at advocacy@cbabc.org