The special committee was formed to determine how no-fault insurance has been operating since it was brought in by the NDP government in 2021
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ICBC’s no-fault insurance could be improved for crash victims by providing them help to navigate the claims process, B.C.’s Attorney General’s Ministry has recommended to a legislative committee.
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And the committee should draw on experiences of victims of mass casualty car crashes, such as those injured in the deadly attack at the Lapu Lapu Day festival attack in 2025, when it recommends any changes to ICBC’s system of providing benefits, it said.
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The special committee was formed to determine how no-fault insurance has been operating since it was brought in by the NDP government in 2021.
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It meant victims could no longer sue the at-fault driver for damages to cover medical and other recovery care, or pain and suffering. Instead, ICBC provides medical treatment payments and income replacement directly to victims.
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That left the injured without a lawyer or other advocate who knew how to pursue benefits, leaving many with a lack of understanding of how to navigate the system.
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Three areas — benefits, oversight and fairness, and navigation and claimant support — were identified as “opportunities for further work,” according to the written brief submitted to the committee by assistant deputy minister Paul Craven of the Attorney General’s Ministry.
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Craven was to have presented his recommendations in person to the committee on Thursday, but the election call disbanded all legislative committees until after a new government is elected.
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The committee had received 175 submissions, 30 from associations representing medical practitioners and other interested groups, and 144 from individuals, many of whom had been injured in crashes.
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Craven, in his brief, said the ministry’s recommendations are based on the submissions, including one from John Berfelo, 54, of Abbotsford, who suffered a spinal injury in a 2022 crash, but had his case closed by an ICBC adjuster with what he says was inadequate compensation.
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Craven recommended ICBC improve oversight and fairness in the system and “explore an external navigation or claimant adviser service,” such as in Saskatchewan and Manitoba, where no-fault has been in place for years.
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The service could explain benefits and entitlements, help claimants navigate forms, evidence and timelines, and assist with informal resolution and appeals of ICBC’s decisions, according to his presentation.
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Other details about such a service would have to be worked out, including its independence from ICBC, eligibility, scope, governance, funding and when victims could access it, he said.
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The committee should consider in its review how “navigation can be difficult for those with serious injuries, disabilities, or cultural or language barriers,” he said.
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And it should also consider how the experiences of victims suffering from tragic or mass casualty events “illustrate the importance of co-ordinated trauma-informed support,” said Craven.
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He also said the submissions point to a need for the committee to recommend that ICBC conduct a review of its benefits provisions before it is legally needed in 2029.
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“The committee’s work provides a timely evidence base for beginning the review early,” he said.
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