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.
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.
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.
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.
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.
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??
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.
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.
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
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.
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.
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:
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:
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
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.
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
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
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.
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.
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.
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.
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.
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.
"Man who run in front of car get tired"
"Man who run behind car get exhausted"
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