B.C.’s no-fault auto insurance model—promoted under ICBC’s “Enhanced Care” plan—was supposed to put people first. But for one grieving family, the reality could not be further from that promise.
Paul J. Henderson’s recent report tells the heartbreaking story of a 15-year-old girl who was struck and killed by a pickup truck while walking her dog.
Vancouver lawyer Erik Magraken pulls no punches describing his take on it. “The no-fault scheme is so unfair that the government was scared to tell the public what it is,” he mentioned. “They had to mislead the public with a multi-million-dollar marketing campaign calling it ‘enhanced care.’ As victims of serious crashes are finding out one after the other there is nothing enhanced about it.
ICBC’s so-called dumpster fire (which never existed as they sat on billions in assets) is now encased in gold and emeralds paid for by the rights of crash victims being stripped away.”
It means bad drivers can pay less and harm more.
Despite the devastating loss, her family received next to nothing. Why? Because under ICBC’s no-fault system, there is no longer a right to sue—no legal avenue to pursue accountability, justice, or meaningful compensation.
Instead, the government “assures” victims and families that “enhanced care” will meet their needs. But when the victim is deceased, there is no care to provide—and no financial remedy offered to loved ones left behind. The result? A legal dead end. No fault, no payout, no justice.
Yet, this tragic case is not isolated. It reveals a disturbing truth: B.C.’s no-fault system prioritizes cost control, over victim support. It strips away fundamental rights while offering “cold, bureaucratic efficiency,” in return.
For Albertans, where comparable no-fault proposals are being considered, this is a cautionary tale. What happened in B.C., will happen here. Once the right to sue is gone, there’s no going back. Families may be left not only to grieve, but to shoulder the financial, and emotional burden alone.
Victims deserve a voice. Survivors deserve Access to Justice. Alberta must learn from British Columbia’s failures, before adopting a system that silences the people it “claims” to protect.
Kindly let your voice be heard, and see how No Fault will prevent Albertans from:
- suing at-fault drivers;
- reducing incentive for safe driving;
- Eliminating any safeguards with insurance companies who will undervalue parties’ claims; and
- injury victims will lose the ability to have legal recourse as a result, of someone else’s negligence.
Kindly lobby your MLA and spread the word to stop NO FAULT! It is never too late to fight for this change in Alberta. Call your MLA and log onto www.fairab.ca; and https://www.notonofault.com/contact for more info on the effects of “no fault” in British Columbia.
Read the original article here: https://www.pauljhenderson.com/victim-of-icbcs-no-fault-insurance-family-of-girl-killed-by-pickup-truck-driver-sees-next-to-nothing/