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B.C.'s

ICBC AUTOMOBILE INSURANCE SYSTEM

Comment Form

Blue Divider Line

If ICBC doesn't pay for Fire Dept's response they should start... just look at ICBC's accumulated surplus and profits in the newspaper article below "Taylor gets ICBC bonus pay".

We are waiting a response from Regional District of Central Okanagan on this matter to find out if taxpayers pay for the Fire Dept's response for traffic accidents.  We sent an email April 14, 2008.  RDCO said they will get back to us with the answer.

Blue Divider Line

ICBC COULD HELP!!!

The more crowded the road, the more unsafe the road is.  Government has been promoting people to take the bus, by giving them money to hand over their old clunker car (Cash for Klunkers) to walk or bicycle.  Vehicle drivers have helped subsidize the bus through fuel taxes and in Vancouver there is a transit tax on your BC Hydro bill.  For a change, how about government partially subsidizing the people whom drive to help get them out of their cars while still keeping their cars.  Some people can't give up their cars if there is no bus and they can't afford both transit and a vehicle so they stay in their vehicle.  There could be discounts on auto insurance for driving your vehicle only part way to work for instance, or how about free Skytrain and bus pass for people who pay auto insurance, etc.

Blue Divider Line

Are you prepared for the open road??

Say your in Winterpeg and come up to Osborne Street.  You see there is a sign that says no right turn and the traffic light shows a green arrow and a red light.  Do you stop or do you go?  What do you do?

Do you know it was illegal to turn right on a red in Quebec?

It is illegal to drive a wide load while on the Freeway in Vancouver during rush hour, and its also illegal to deliver a wide load on a Sunday in Manitoba.

Blue Divider Line

ICBC to trim basic insurance rates
By Jeff Nagel - BC Local News - May 31, 2010

B.C. motorists may soon get a break on their auto insurance premiums.

ICBC wants to cut basic rates an average of 1.9 per cent effective Nov. 1.

It would be the first cut in more than a decade on the price of compulsory insurance on which the public auto insurer holds a monopoly.

The B.C. Utilities Commission still has to approve the cut.

But ICBC will have to cut much further to get basic rates back down to 2005 levels – increases in 2006 and 2007 raised basic premiums nearly 10 per cent.

"We'd love to see this continue," ICBC spokesman Adam Grossman said, but added further basic premium cuts will depend on the strength of ICBC's finances and the costs of accident claims.

"We know basic rates are extremely important to everybody because they apply to all of our customers."

ICBC has made much more frequent cuts to its optional rates – where it competes with other insurers – and now charges 17 per cent less on average for optional coverage than it did five years ago.

Officials credit safer driving by motorists with helping reduce costs.

The announcement came just after ICBC pulled a $1.7-million ad campaign that officials decided was in poor taste due to its sexual content.

ICBC has recorded rising profits so far this year and reported a $563-million profit for 2009, up 13 per cent.

The provincial government this year moved to tap some of the cash ICBC generates to pay down the B.C. deficit.

It ordered ICBC earlier this year to hand over $487 million worth of its reserves that had been generated from the optional side of the business and deemed surplus to the corporation's needs.

Blue Divider Line

ICBC’s blanket no drinking policy on shaky legal ground
Kelowna Capital News - By Robert Smithson - March 30, 2010

According a recent article by Randy Shore, published in the Vancouver Sun, the Insurance Corporation of British Columbia has implemented a policy banning consumption of alcohol by employees during the work day.

Unfortunately for ICBC, its work day includes a lunch period for which employees are not paid.

The employees’ union, the Canadian Office and Professional Employees (COPE), has already voiced its opposition to this policy.

COPE’s position is, in effect, that the employer is overreaching by attempting to regulate employees’ conduct during periods for which they are not paid.

According to Shore’s article, ICBC’s new policy “specifically prohibits employees from drinking on their lunch hours.”

The article quoted an ICBC representative as saying, “We take the position that any amount of alcohol will not improve an employee’s judgment.”

That’s an interesting, and perhaps poorly expressed, perspective.

There are many other activities employees engage in which won’t improve their judgment—I wonder if ICBC is planning on banning those, too.

Should there be a grievance and a resulting arbitration hearing over this policy, ICBC may find itself in a delicate position.

Surely, in order to convince an arbitrator that such a far-reaching policy is necessary, ICBC must advance the position that it has a widespread problem with employees being impaired on the job.

However, admitting in a public forum that it has a widespread problem with employees showing up impaired for work is something that ICBC (like any employer) surely won’t want to do.

The result is something of a “catch 22” for ICBC.

It’s likely that ICBC will also advance the position that, due to its role as the primary auto insurer in B.C., part of its mandate is to discourage alcohol consumption and that its own operations are the best place to set that example.

Just as a company promoting environmental sustainability may not want its employees chugging to and from work in a Hummer, ICBC may feel that its role is to discourage drinking and driving.

But therein lies the catch—the policy (apparently) doesn’t focus solely on employees consuming alcohol and then operating a motor vehicle.

It is the blanket effect of the policy which may be its downfall.

As admirable as ICBC’s intentions may be, the policy seems on its face to over-reach in its application.

Obviously, consuming alcohol at work is inappropriate as is showing up at work in an impaired state.

But if an employee consumes a pint of beer during lunch hour, and is not in an impaired state as a result, what right does his or her employer have to restrict that conduct?

I think ICBC will find that arbitrators in this province view the attempted regulation of employees’ non-work conduct with skepticism.

That means ICBC has an uphill battle in convincing an arbitrator that this policy is reasonably required.

To be sure, there are some circumstances in which regulation of off-duty conduct is warranted.

If an employee’s conduct brings the employer’s business into disrepute or in some manner (directly or indirectly) affects the employee’s ability to do a job, then the incursion into his or her private life may be deemed warranted.

The range of scenarios in which this is likely to be the case, however, is limited.

My own guess, not knowing anything more about the situation than what has been published in the Vancouver Sun, is that ICBC’s isn’t one of them.

Robert Smithson is a lawyer in Kelowna practicing exclusively in the area of labour and employment law. This subject matter is provided for general informational purposes only and is not intended to be relied upon as legal advice.

rsmithson "at" pushormitchell.com

Blue Divider Line

ICBC helping to improve roads
Kelowna Capital News - March 25, 2010

ICBC has invested nearly $810,000 in road improvements around Kelowna in 2009.

Most Kelowna residents have seen the improvements along Harvey Avenue and Highway 97. They are among the 21 road enhancement projects that ICBC helped pay for in Kelowna last year to help make roads safer for all users.

Now moving into its third decade, ICBC’s road improvement program invested approximately $1.7 million in the Southern Interior region and $8.1 million across B.C. in 2009 (including the money spent here).

ICBC works in partnership with municipalities and the provincial government on delivering road enhancements. ICBC also participates in engineering studies and assists communities with road safety issues in the planning of roadways and managing traffic.

“The City of Kelowna is committed to ensuring residents can travel safely and efficiently on our roadways. We value the opportunity to work with ICBC to help make our community safer through road improvement projects,” said Kelowna Mayor Sharon Shepherd.

Projects proposed for road improvement are assessed to ensure they make B.C. roads safer for all road users.

An independent evaluation of ICBC-funded road improvements found that, measured over a two-year period after a project’s completion, there was an 18 per cent reduction in property damage crashes and a 25 per cent reduction in the number of severe crashes where someone is either killed or seriously injured in the crash.

According to ICBC, the investments helped many British Columbians escape injury and death.

Now if we can only get ICBC to help fund snow plows and sand trucks, and have all the gas taxes go to ICBC, eh??

Blue Divider Line

Group urges changes on Drought Hill, Bennett Bridge

Speed traps could soon be appearing regularly at this section of the Bennett Bridge as Protrans, the company that maintains the bridge, looks for a permanent site for police to set up radar in a bid to slow down traffic headed into town from the Westside.

Kelowna Capital News - By Jason Luciw - Published: May 02, 2009

For decades, stories of fatal accidents, collisions with wildlife and near misses on Drought Hill between Peachland and Westbank have been told, time and time again.

As a result, the Highway 97 Task Force Society says it’s time the Ministry of Transportation reconsider the safety-related improvement suggestions that have been made in the past for the dangerous stretch of road.

The group is working on solutions for a Peachland bypass, but recognizes the re-routing of Highway 97 is still several years away.

In the meantime, it says less costly safety initiatives, such as lowering the speed limit and increasing traffic enforcement could be implemented on Drought Hill.

More expensive measures should also be looked at, like adding rumble strips, embedding centre-line reflectors, installing more highway lighting and erecting counter flow medians.

Society president Bob Sugden told the Central Okanagan Regional District board this week that almost one-third of all accidents in the Okanagan happen on less than three per cent of the Highway 97 corridor, including the problematic Drought Hill.

But West Kelowna Mayor Doug Findlater said that area wasn’t his only concern.

In his opinion, a traffic light is needed at the Highway 97 intersection at Clements Crescent, the access point to the Peachland strip mall alongside the highway where the IGA grocery store is laocate. It is also the road that the town’s only elementary school is on.

“For many years, I have dodged the traffic in that area,” said Findlater. “Have you looked at some realignment there or a light on highway 97 that would slow people down and allow (traffic to) safely cross?”

Sugden said traffic engineers have told him that cross-traffic counts at that intersection don’t warrant a light.

As for long term solutions for Highway 97 through Peachland, the society would still like to see a four-lane bypass route built around town, from the Okanagan Connector to Greata Ranch. The board heard Monday night that time is running out for such a route to be built though. As development moves further up Peachland’s hillsides, the available route gets higher and higher and starts to pass through some fairly steep grades.

Peachland Mayor Keith Fielding also told the board that some businesses are becoming more leery of the bypass route too, since having felt a bit of a pinch when Highway 97 had to be closed for almost three weeks due to a rock slide on the Peachland to Summerland four-laning project last fall. They got a sense of what it could be like having less traffic flow through town, stated Fielding.

Sugden said another option remains a four- or six-lane widening of the existing stretch of Highway 97 through Peachland.

Meanwhile, another stretch of Highway 97 where improvements are being considered is the new William R. Bennett Bridge, according to Findlater.

The West Kelowna mayor told his council Tuesday night that the private contractor maintaining the Bennett Bridge, Protrans, is concerned about speeding.

“An eastbound pullout suitable for RCMP speed traps is being looked at,” Findlater told council. “A speed reader board on the bridge is also being considered.”

The speed limit is 60 km/h; however, the Capital News took a photo last year, with RCMP clocking one vehicle going 110 km/h. And typically, most vehicles travel in excess of 70 or 80 km/h depending on the time of day.

At one time, Protrans was also considering the installation of a removable barrier for emergency vehicle access, mentioned Findlater.

“Protrans has not found a suitable structure that is strong but easily removable,” noted the mayor, following a meeting with the maintenance company and various stake holders on Tuesday.

Findlater also said B.C. Transit is reporting a significant drop in ridership from the Westside during the day.

“Which may be due to the increased commercial services on Westbank First Nation lands and/or improved car access to Kelowna resulting from the new bridge.

Blue Divider Line

HIT AND RUN
Vernon Morning Star - Letters - Published: March 31, 2009

Somewhere in Vernon or surrounding area there is a cream/white four-door sedan late '80s model that needs either a new windshield or passenger side window. I know this because on Jan. 24 at around 11:30 a.m., they left the glass from their window laying beside my van after having sideswiped my vehicle and leaving the scene of the accident. I was parked on 27th Avenue in the 4000 block, half-way into a snowbank, in order to keep my vehicle as much off the road as possible.

A neighbour observed the car in question exit the alley and swerve toward my vehicle then race off. Unfortunately, there was no time to note the license plate number.

I phoned the RCMP and ICBC to report the hit and run. My first surprise was that Vernon RCMP do not attend hit and runs if the perpetrator is unknown. They took down my name, plate number, phone number and gave me a file number.

I then called ICBC. They took down my name, plate number, phone number, gave me a claim number and gave me an appointment for an adjustor to see it. When I took my van in to be inspected I was informed that after the work was completed I would have to pay the deductible and ICBC would take care of the rest.

"But I was the victim of a hit and run," I said naively. Without a license plate number of the person who hit you, the deductible is payable by you.

"But I have a file with the RCMP acknowledging that I reported a hit and run." Without the license plate number, you are responsible for the deductible.

"But I have a picture of someone else's glass lying beside my van." Without a license plate number, you are responsible for the deductible.

How does this happen? I was parked legally. I was not at fault but I am the one who will pay.

It happens because of other people's dishonesty. They do not hesitate to rip off the system. Drivers cause damage to their own vehicles and then claim it was a hit and run and while we're at it, let's claim that old ding or chip happened at the same time.

It happens because irresponsible drivers cause damage to other vehicles and just drive off. After all, what harm can it really do – the other person has insurance, the company will take care of it? Wrong. Depending on the deductible, it will cost the other person upwards of $300 and that is not taking into account any other expense such as car rental or taxi.

I am a senior citizen living on a fixed income and these unexpected expenses are a real hardship for me but I will manage to cover it because I need to have transportation available.

It's not fair and I feel angry about it. I would appeal to the person who did it to me to come forward if I thought it would be of any use, but I know it won't, because if you were a person who cared, or had any integrity at all you would have taken responsibility at the time of the incident.

Pauline Boone

Blue Divider Line

ICBC defends its record
Vernon Morning Star - Letters - Published: January 22, 2009

There have been recent discussions regarding auto insurance in B.C. and other provinces, and we wanted to take this opportunity to share some key differences.

It is difficult to make direct comparisons between auto insurance rates in one province compared to another as each province and policy is different. What we can say for certain is that ICBC’s insurance rates are low and stable, where rates in other provinces tend to fluctuate much more

As an example, in 2008 our combined basic and optional rate went down by 1.3 per cent, and over the past five years rates have only gone up by $2 for customers who have purchased the same Basic and Optional coverage.

Motorists in B.C. benefit from some of the best insurance coverage in the country. Our unrestricted tort system offers one of the highest no-fault medical and rehab benefits in Canada ($150,000) which is three to six times more than offered by some other provinces with tort.

Perhaps the most meaningful direct comparison we can make is based on the loss ratio – which is ratio of claims and claims related costs to insurance premium dollars earned. The industry average is about 72 cents paid out for every premium dollar. At ICBC, the ratio is about 87 cents per dollar.

Instead of comparing provinces, we should make comparisons in B.C. where there is competition for optional insurance. The vast majority of motorists are continuing to come to us for their optional insurance which tells us that our rates are competitive and our coverage is the best.

Is ICBC perfect? No, but it will always work hard to provide the best possible value and customer service.

Jon Schubert
ICBC president and CEO

Blue Divider Line

Warranty alert issued
By Roger Knox - Vernon Morning Star - News - Published: January 23, 2009

Vernon RCMP spokesman Gord Molendyk is well aware of an extended automobile warranty scam that has hit B.C.

He’s had someone call his home phone offering up an extended warranty for his car if he gives them his credit card number.

The Better Business Bureau (BBB) has received inquiries regarding a live or automated telephone call informing them that the warranty on their vehicles may be expiring soon.

“I had one of those calls on our answering machine the other day, and the thing is our warranty is nearing the end,” said Molendyk. “I thought, ‘forget it, I’m not interested,’ and didn’t pay attention to it. Our call display showed the call originated from the United States.”

The BBB said consumers are confused by the phone calls because in many cases they have older vehicles not eligible for warranties, and that callers have used pressure tactics to urge people to reveal personal information and credit card numbers.

“I’ve never heard of auto dealers extending a warranty, and they’re not going to extend for five years because now you’ve got a 10-year-old vehicle, and they’re not going to extend it for a couple of hundred dollars,” said Molendyk. “If it sounds too good to be true, it is. Why not deal with the dealer you’ve dealt with?”

Consumers are being contacted by a company representative advising that their vehicle warranty will expire in two days. The person on the phone claims information was provided by the manufacturer that provided the original warranty.

Consumers are then offered a five-year extended warranty for $175 to $400, and asked to provide a credit card number. The representative tells them they can contact a warranty centre.

Telephone prefixes have been appearing on customers’ phones from across the U.S. and even Canada, but police believe the numbers are being “spoofed,” or changed to hide the identity of the call’s origins.

This latest phone solicitation scam to hit B.C. has led to a cease and desist order from the province’s Financial Institutions Commission.

The order concerns automated messages that are trying to sell after-market vehicle warranties.

If you receive one of these calls, BBB suggests you refer to your original vehicle documents, talk with your car dealer, check with the BBB, check to see if the warranty provider is licensed, and be suspicious of low prices.

Blue Divider Line

Radar traps come to back country
By Judie Steeves - Kelowna Capital News - Published: January 08, 2009

Campers and logging truck drivers had better beware: Big Brother is going to be watching for you—even on the back roads.

Forest minister Pat Bell announced Thursday his ministry has bought six new radar guns so that the three forest regions in the province will have two more each to use to police drivers going over the speed limit on forest service roads.

The two or three compliance and enforcement officers based out of each of B.C.’s 29 forest districts will be trained in the use of the radar guns, Bell said.

There’s a network of 59,000 kilometres of forest service roads in the province.

Bell said the program is supported by the RCMP, ICBC and Conservation Officer Service.

As well, the minister said his ministry will put speed boards up in different locations to increase drivers’ awareness of their speed.

The idea is to improve safety for forest workers and the public, he said.

“Initially, the main focus is to improve compliance and safe driving practices through education and awareness,” said Bell.

“But make no mistake, officers are empowered to give tickets and chronic, repeat offenders could be subject to fines of up to $1 million for speeding and dangerous driving on a forest service road.

The maximum speed limit on forest service roads is either as posted or 80 kilometres an hour.

“This is particularly true for recreational users and smaller vehicles. The rules for forest service roads apply to all users,” Bell said.

Ministry spokesperson Jennifer McLarty said in a Powell River pilot project last year, the main offenders were recreational users of the road and the general public, including users of all-terrain vehicles.

As well, the ministry has made road infrastructure improvements, and is testing another pilot project to standardize radio call procedures and road signs.

TruckSafe has expanded its vehicle identification plates program to make it simpler and easier to report unsafe driving incidents.

jsteeves [at] kelownacapnews.com

Blue Divider Line

Passionate about getting correct info to the public
Kelowna Capital News - Opinion - Published: January 01, 2009

I don’t advertise my occupation when I’m out and about, unless I’m at a Chamber of Commerce function where circulating business cards is the expected activity.

With much of the population believing that car crash lawyers are shady characters who make bags of money helping undeserving whiners screw the insurance company, I’d rather avoid the issue.

It also avoids dealing with those folks who see the opportunity to get a little free legal advice. I don’t mind helping out, but giving legal advice is what I go to the office all day to get paid for doing.

The topic is hard to avoid, though. When meeting new people, exchanging occupation details is about as commonplace as exchanging names and sharing how many kids you have.

And as much as I try to avoid the topic coming up, I am occasionally very happy that it does.  From time to time, the person I am talking to has either been injured in a crash or is close to someone else who has suffered a similar fate.  Those people don’t have so much of a bias against car crash lawyers because they know that crash injuries are real and that injured victims need all the help they can get when going against the insurance company.

I am often the first car crash lawyer he or she has talked to. I get a kick out of giving the “straight goods” that he or she is not getting from the insurance adjuster.

I had my best encounter of this kind during this past Christmas season.  A lady I was chatting with mentioned a crash she had been in. She wasn’t digging for free legal advice, just bringing up something that we would have remotely in common.

In the course of our discussion, she told me in a “matter of fact” way that she didn’t have a claim because she didn’t have the license plate number of the vehicle that had caused the crash.  She had been given that “information” from the insurance adjuster she had consulted when she had gone to make a claim for compensation for the losses she had suffered arising from the crash.

She didn’t have a license plate number because the offending driver had taken off instead of pulling over to exchange information as had been agreed.

Perhaps I shouldn’t still get so livid when I hear about insurance adjusters giving false or misleading information to crash victims.  Unfairness just gets under my skin. A huge insurance company taking advantage of the position of authority that the general public perceives it to have is at the far end of offensive to me.

It’s simply dead wrong that you need to have a license plate number in order to make a claim.  You need to take reasonable steps to determine the identity of the offending driver, and having the license plate number is helpful to make that determination, but if reasonable steps are taken and no information can be determined, that is no bar to a claim.

I discussed the rules related to this kind of claim in some detail in my previous column of June 1, 2008, which can be found in my web site archive.  I took such intense pleasure filling the lady in on the correct information. Fortunately, our chance meeting occurred before the expiration of some critical deadlines—deadlines which, if missed, could truly eliminate her claim.

Along with the pleasure, though, came a deep frustration.  Why did it take a chance meeting at a friend’s Christmas season open house for this lady to get the most basic of accurate information about her legal rights arising from a crash?

How many others are in her position of having received misinformation from the insurance company?

That’s the main reason why I take the time each week to write this column. It is to replace misinformation with accurate information. It is to combat unfairness arising from a misplaced trust in the insurance company. It is to reach out to people like this lady to assist in achieving the very basic objective of justice.

This column is intended to provide general information about personal injury claims. It is not a substitute for retaining a lawyer to provide legal advice specifically pertaining to your case.

For an archive of Paul Hergott’s published columns, see www.hergottlaw.ca. Paul Hergott is a lawyer with Hergott Law in West Kelowna.

If there are particular issues you would like discussed in this column, please e-mail him directly at:

paul [at] hlaw.ca.

http://www.paulhergott.com/

Blue Divider Line

When it comes to injury claims keep an eye on the clock
Kelowna Capital News - Opinion - Published: October 04, 2008

Injustice makes my skin crawl.

We are exposed to life’s minor injustices on a regular basis—an impatient shopper cutting in line, a schoolyard bully stealing a treat, a cheater.

Even the minor ones are hard to take. I want to jump in, send the shopper to the back of the line, return the treat, disqualify the cheater.

Of course, I am not alone. I like to think that we all have that sense of fairness.

How often, though, do we actually get to stop injustice in its tracks?

Not long ago, I was consulted by a fellow who had been injured in a car crash through no fault of his own.

It was just over two years after the crash and the pain from those injuries had become chronic.

He was looking for a lawyer to help him achieve fair compensation for his injuries.

How I wished he had come to me just a couple weeks earlier.

Have you ever heard of a limitation period?  It is a time limit.

If a lawsuit is not started within the time limit, the right to fair compensation expires.

One day, you have a claim and the next day, the claim is gone.

The fellow who consulted me had been dealing directly with the insurance company.

I don’t know whether the adjuster handling his claim mentioned the limitation period but I do know, with certainty, that he wasn’t sufficiently warned because he didn’t come to me until after the limitation period had expired.

One day he had a case and the next day he didn’t.

I wonder how many of the hundreds of millions of dollars of insurance company profits are made up of cases like that one. I wonder if they uncorked champagne.

Is your skin crawling?  Hang on. I have a better story.

It was a Friday afternoon. I had just returned to the office from a type of pre-trial hearing.

A lady called me over as I was heading into my office. She asked me if I did any personal injury work. (No, she doesn’t read this column.)

She told me about her sister who had been in a crash a couple of years earlier.

She had been dealing directly with the insurance company but had finally decided to hire a lawyer.

I don’t know exactly what the insurance adjuster told her but I do know what she had come to understand from those discussions.

She understood that if she didn’t settle her claim within

two years, she would have to hire a lawyer.

Her sister was helping her find a lawyer.

She happened to see me coming into my office and happened to inquire.

Get this: It was two years to the day after the crash.

In my mind’s eye, I could already see the bottles of champagne lined up, on ice at the insurance company offices.

In 2 ½ hours, the court registry where the lawsuit had to be filed would close.

In 150 minutes, the claim would be gone.

There’s something about a looming deadline that focuses you.

There’s also something about 150 minutes standing between justice and injustice that stokes the fire under your boiler. 

Fortunately, we live in a technological world. I was able to contact the sister on her cell phone.

Once I explained the urgency of the situation, she immediately left work went home and gave me the necessary information from the police report.

I left an urgent message for the adjuster but, of course, I couldn’t rely on a timely response from him.

I prepared the writ on my computer, printed, signed, scanned and filed it electronically.

It was a sweet thing seeing that electronically affixed court registry date stamp on the document.

Injustice averted—by a hair.

I’m not a champagne kind of guy. I cracked a beer or two.

There’s a lesson in this.  You cannot rely on an insurance company to advise you about your rights. That’s not its role.

Its allegiance is to the driver who caused the crash and to its bottom line, not to you.

Another lesson? Sometimes the stars really do line up.

This column is intended to provide general information about injury claims. It is not a substitute for retaining a lawyer to provide legal advice specifically pertaining to your case.

Paul Hergott is a lawyer with Hergott Law on the Westside. If there are particular issues you would like discussed in this column, please e-mail Paul directly at:

paul "at" hlaw.ca

http://www.paulhergott.com/

Blue Divider Line

Whiplash rates turning heads in BC
British Columbia's claims rate for whiplash, about 900 per 100,000 population, is more than twice the rate for any other jurisdiction in the world, the BC Medical Journal reports. Dr. Murray Allen, a former associate professor of kinesiology at Simon Fraser University, says whiplash accounts for about 60% of all injuries reported following vehicle collisions in BC, compared with 35% worldwide (BCMJ 2002;44:241-2). He says part of the "high claims behaviour" may be explained by lawyers' earning potential from such cases. — CMAJ

Blue Divider Line

Ombudsman Reports on ICBC’s Minimal/No Damage-Low Velocity Impact Program
VICTORIA – Provincial Ombudsman Howard Kushner today released Special Report No. 26, a report on his office’s investigation of a program initiated by ICBC to deal with claims arising from low-velocity motor vehicle accidents. “Our concern from the outset of our investigation was that it appeared that some people with legitimate claims were being denied compensation and benefits,” noted Kushner.

BC Ombudsman Special Report #26

-------------------------------

In addition to the concerns raised during our investigation, ICBC’s internal audit corroborated problems of inconsistency in the application of the Program, identifying problems with the way ICBC had handled over 38 percent of the 494 bodily injury claims examined. from page 11

BC Ombudsman Special Report #26

--------------------------------

In accordance with section 23 of the Ombudsman Act, I notified ICBC that our investigation concluded that ICBC acted in an arbitrary and unfair manner in creating and maintaining a Program from 1992 until 2003 that erected unfair barriers to recognizing claims stemming from a large number of motor vehicle accidents.

Our investigation concluded that the Program, as it existed from its inception in 1992 until it was modified in 2003, was inadequate and contravened our Office’s standards of fairness for an administrative program. I have made the following recommendation, which stems from this finding, pursuant to section 23 of the Ombudsman Act:
That ICBC review any claim that was closed under the MND/LVI Program if people approach ICBC maintaining that their claims were unfairly denied under that Program. ICBC’s final response to our investigation, provided in a letter dated April 29, 2004, is included in the Appendix.

Although my Office regrets that ICBC has declined to accept the above recommendation, I note that a positive outcome of our Ombudsman initiated investigation has been the many claims that were reviewed by ICBC and adjusted on their merits. from page 14

BC Ombudsman Special Report #26

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One family not surprised by ICBC scandal
April 13, 2008 - Kelowna Capital News

To the editor:

So ICBC has been caught with their hands in the cookie jar. Somehow this doesn’t surprise me.

I say they should be investigated, to find out what is really going on.

Like many government agencies, they have been ripping people off for too long and are getting away with too much.

As our family found out, in the eyes of ICBC you are guilty till proven innocent.

In 2005, our daughter was in a car accident where she was rear-ended at a yield sign. The car was a write-off and she was taken to Kelowna General Hospital.

Over three years she would see four different specialists, all concluding she would have permanent damage for the rest of her life.

As this was not enough evidence for ICBC, they proceeded to request all her school records and all employment history.

The icing on the cake was the day they would bring her in a room to discuss the death of her brother, who died in a work related accident in 2004.

She was asked why she never went to see a psychiatrist. That day was a very bad day for her. How dare they bring up a matter that is none of their business and what does this have to do with her accident? Our family is so disgusted with ICBC, they have no right to be getting away with what they are doing.

Mona Filiatrault,
Kelowna

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Just look at ICBC's profit and accumulated surplus of 2.1 billion!

Taylor gets ICBC bonus pay
By Jeff Nagel - BC Local News - April 08, 2008
 
ICBC Departing ICBC president Paul Taylor will still get to spend his bonus pay cheque for steering the public auto insurer to record-setting profits last year.

Taylor resigned Friday amid controversy over vehicles ICBC repaired and sold – some with undisclosed crash histories to the unsuspecting public and other better buys to ICBC staff who trumped all other bidders in rigged auctions.

ICBC won't say exactly how big Taylor's bonus pay package is this year.

But he collected an extra $60,000 two years ago for 2005, in addition to his base salary of $300,000.

"We aren't giving out specific performance pay amounts," said ICBC spokesman Doug Henderson, adding the corporation now only discloses total remuneration paid to employees in a year-end financial report.

In 2006, Taylor earned a total of $421,000 in pay (including performance pay) and claimed expenses totalling $58,500.

The equivalent figures for 2007 won't be released for several weeks.

Performance bonuses were paid out on March 20.

ICBC last year recorded a huge $642 million profit – its highest ever – although about $135 million of that came from the one-time sale of its Central City property in Surrey.

ICBC's accumulated surplus has ballooned to $2.1 billion.

Financial performance is one of the main criteria for awarding bonus pay.

Because Taylor departed voluntarily he does not receive any severance pay.

ICBC and government officials say Taylor's departure to pursue new opportunities was unrelated to the scandal over salvage cars.

An investigation by independent auditors is underway and the RCMP are also reviewing the matter.

Taylor has said he learned of the improprieties in late January.

He becomes president and director of NaiKun Wind Group Inc., a firm that plans to build windmills in Hecate Strait off the Queen Charlotte Islands.

"I am proud to be joining a leader in clean-energy development," Taylor said in a NaiKun press release. "It is an exciting and unparalleled opportunity to build a project, an industry and a legacy of clean, renewable power for the province."

NaiKun contributed $4,740 to the B.C. Liberal party last year, Elections BC records show.

Taylor stays on with ICBC until May 2.

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ICBC repair shop probed
By Tom Fletcher - Peace Arch News - March 04, 2008

ICBC repair shop probed

VICTORIA – Independent auditors have been hired to examine reports that the Insurance Corporation of B.C. sold vehicles repaired at its Burnaby research centre without disclosing to buyers that they had been written off in accidents.

ICBC identified as many as 174 vehicles where the repairs may not have been properly documented and disclosed to purchasers, as required by provincial law.

Solicitor General John Les said Thursday that the Material Damage Research and Training Centre has reopened after being closed in early February when the allegations came to light, but no further vehicles will be sold until the independent investigation is done.

Les said all the people who bought cars from the research facility have been contacted, and the vehicles inspected to ensure they are safe. He was unable to say whether buyers would receive compensation.

ICBC disclosed the problem in a statement issued Feb. 13, in which it declined to comment further until the investigation is complete.

Les said the accounting firm of Price Waterhouse-Coopers and an independent law firm are handling the investigation.

In the legislature last week, NDP critics called on the government to prevent ICBC from handling its own investigation of what NDP leader Carole James called “ICBC’s alleged chop shop.”

Les replied that independent auditors and lawyers were in charge of the investigation, and he would make the findings available when their work is complete.

The facility repairs about 20 vehicles a year and employs 12 ICBC staff.

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Optional insurance reduced
From the Vernon Morning Star March 16, 2008

ICBC is moving to trim optional auto insurance premiums after recording a huge $642-million profit for 2007.

Optional premiums are to fall three per cent or an average of $16, while basic rates stay frozen — the public insurer had warned last fall it might have to increase them due to rising injury claims.

"Our early analysis indicates that there is no need for additional rate changes for basic insurance," ICBC president and CEO Paul Taylor said.

The reason for the cut in optional rates is that motorists and police are increasingly winning the war against auto thieves in B.C. The continued trend of falling car thefts has translated into fewer claims and lower insurance costs.

Annual payouts due to car theft are down more than $30 million or almost one third over the past five years.

ICBC spokesman Doug McClelland credits the use of the bait car program to catch thieves in the act, as well as innovative new tactics being used by police to curb chronic car thieves.

But he said the single biggest factor has been the growing prevalence of vehicle immobilizers that stop thieves from hot-wiring a car if the key is absent.

Most of ICBC's record profit — far above the old record of $373 million in 2004 — came from investment earnings.

The one-time sale of ICBC's Central City property in Surrey contributed $135 million alone.

The profit jump pushes ICBC's accumulated surplus up 40 per cent to $2.1 billion. The money is needed to cover long-term claims payouts and has now hit its target level ahead of schedule.

Critics frequently contend that ICBC seeks to lower rates on optional insurance — where it competes with private firms –

ICBC has cut its optional premiums in three of the last four years, while boosting basic rates in two of those years.

But McClelland said there's a good reason for that.

Basic premiums primarily pay for injury costs, which continue to rise at a consistent rate of around $100 million per year, in contrast to vehicle damage costs that have trended downward.

"By and large those costs are going in different directions," he said.

Actual insurance costs in 2008 will depend on each vehicle, motorist and factors like where they live and what coverage they select.

McClelland said the typical motorist who buys optional coverage from ICBC has seen only a net increase of $2 in their insurance costs over the past five years —

The optional rate reduction takes effect July 1.

"After five years, rates effectively have not changed for most customers," he said.

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January 9, 2008 another email was sent to Reg Fredrickson regarding the 18 cars in the ditch up Bear Creek as seen on CHBC TV news ... I was wrong it was 18 cars in the ditch on one street, 5 vehicles in the ditch up Bear Creek, and 3 in the ditch on Hayman Road, which totals 26 vehicles in the ditch in one day in Kelowna.

CHBC News TV story called "Crashes Galore"

more about road maintenance

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Road Rage School

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If you have a dispute with ICBC - ICBC Fairness Process

If you have a complaint about ICBC, you can try here first Customer Relations may also be able to help you.

If you are not satisfied that you have been treated fairly after the FPRD has reviewed your situation, you may wish to contact the ICBC Fairness Commissioner. Please note that the Commissioner does not deal with decisions involving the assessment of liability. You can write to the ICBC Fairness Commissioner at the following address:

ICBC Fairness Commissioner
P.O. Box 86686
North Vancouver BC V7L 4L2

If you remain dissatisfied after attempting to resolve your issue through the available remedies, you may contact the Office of the BC Ombudsman and they will review your concerns to determine whether or not they will investigate your complaint.

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