How B.C.’s no-fault insurance system could become an election issue

When a car crashed into the West Vancouver Whole Foods in June 2023, Jasmine Osterman sustained serious injuries.

Last week, the driver was fined $1,000 and received an 18-month driving prohibition for driving without due care and attention.

"So, my life is worth $1,000 under the BC Motor Vehicle Act, and I can’t sue him," Osterman told Global News. "I can’t seek any kind of restorative justice, that’s it."

Because the incident was classified as a Motor Vehicle Act offence rather than a criminal offence, Osterman is unable to pursue a lawsuit. Many others with severe injuries are facing similar challenges.

"We are working on trying to change the wording of the legislation so that people who are seriously injured in an accident are not left without the ability to get help," personal injury lawyer Robyn Wishart told Global News.

As calls grow for changes to B.C.’s no-fault insurance program, BC Conservative Leader John Rustad has pledged to reform the system if he is elected as B.C.’s next premier.

"I do not think it is fair that a Crown corporation should have a list of services they provide. Everyone is different, especially when you have a major accident—there are different issues that need to be addressed," he said. "So, for major injuries, we would remove no-fault. We will allow people to defend their rights."

The NDP, however, remains firm on maintaining no-fault insurance, noting that since its introduction in 2021, premiums have significantly decreased.

"ICBC rates are frozen for the next two years, and we’re certainly not considering that," said Public Safety Minister Mike Farnworth. "Nor are we considering any policies that would turn ICBC back into a dumpster fire, the way it was when John Rustad sat around the cabinet table."

The debate over car insurance costs and the support available to those who suffer serious injuries is likely to become a key election issue in the coming weeks.