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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.
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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. |
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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. |
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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 |
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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: 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 |
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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 |
Just look at ICBC's profit and accumulated surplus of 2.1 billion!
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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. |
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"
If you have a dispute with ICBC - ICBC Fairness Process
A special unit at ICBC called the
Fair
Practices Review Department (FPRD) handles complaints about ICBC. If you
have a complaint about ICBC, please write the
Fair
Practices Review Department in North Vancouver.
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 Ombudsman and they will
review your concerns to determine whether or not they will investigate your
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