Injured cyclist left in limbo by ICBC's no-fault insurance and long delays

"I'm still waiting in limbo": Injured cyclist feels abandoned amid ICBC delays, no-fault insurance

Chetty Thomas/Shutterstock

Editor’s note: This story contains some images which may be disturbing to some readers.

Mitchell Wihlidal says he hasn’t been able to cook, clean, or commute to work ever since he was struck by a vehicle while cycling to work a month ago. He said, to make matters worse, it’s taken weeks to get the home care he believes he needs due to ICBC’s no-fault insurance.

On September 28, a driver — who allegedly turned right without signalling — struck Wihlidal on his e-bike while he was heading straight through an intersection in Langley, he told Daily Hive.

The impact of the collision forced him to fall onto the pavement. He was transported to a hospital, where he learned his collarbone was fractured in two places. He underwent surgery a few days later and has since had limited use of his injured arm.

Wihlidal has been working from home and has had to put off his favourite pastimes including playing guitar and tennis. Basic household chores such as cooking, cleaning, and walking his dog have become virtually impossible to do, he said.

“After surgery, I haven’t been able to lift much with either hand because even though the collarbone is on the right-hand side… if I tried to lift things with my left arm, it pulls on some of the muscles that are around the collarbone on the right-hand side,” he explained. “So basically right after the surgery, I lost any use of both my arms.”

Courtesy Mitchell Wihlidal

As he heals from his injuries, Wihlidal has had to navigate ICBC’s fairly new Enhanced Care system, which has taken weeks to get the assistance he believes he needs to help him through his recovery.

“I’m the primary cook in my house. I’ve been basically eating just cereal, and… foods that are shelf-stable… take out, fast food, or restaurants,” he said. “But I’ve been trying to work with ICBC to see if they can get somebody in to help cook or to help clean my house because my house is an absolute mess right now. I haven’t been able to do any of the cleaning that I normally do.”

Lawyer says Enhanced Care is known for its slow process

Under the updated Enhanced Care policy, when drivers, passengers, cyclists, and pedestrians are injured in a crash, they are pre-approved for treatments like physiotherapy, chiropractic care, massage therapy, and counselling.

ICBC adds that people also receive an income replacement of up to $105,500 per year “with the option to purchase additional income protection.”

Wihlidal admitted he’s received these benefits but they are not helpful in this current recovery stage. He explained his collarbone will need to heal before needing physiotherapy, for example. Services to help him clean and cook are what he needs more immediately.

“At a time where I needed it the most, ICBC couldn’t tell me whether or not I had the benefit that would cover any services like that,” he explained.

“I’m not sure if they’re going to compensate for… anything right now because I’m not sure how they’re going to determine if I’m eligible for benefits or if I’m considered at fault… They haven’t given me a solid guarantee. So I don’t know if any of my equipment that I was wearing while I was riding my bike is covered or any of the travel costs that were associated with the injury.”

You might also like:

Wihlidal’s experience navigating the updated policy is one of several stories the No to No Fault campaign has heard since ICBC and the government launched the changes in May 2021.

Shawn Mitchell is the CEO of the Trial Lawyers Association of BC and is involved in the campaign. He said some British Columbians who’ve needed to access care after a crash are either denied or go through a gruellingly slow process.

“There’s no clear signal as to when they’re going to be compensated or paid back by ICBC. And so all of these things represent a fundamental unfairness in the system,” he explained.

He said the only predictable experience people have when claiming their benefits, is the delay.

By the time folks hear back from the insurance company, many are not compensated in full, he claims.

“They can get 75% of this, 80% of that… they’re never made financially whole even under the enhanced care model as far as their own care costs are concerned,” he said. “And this doesn’t even touch on any compensation that they might be entitled to for loss of income.”

#ICBC’s new #NoFaultInsurance program has and will continue to affect the lives of thousands of British Columbians and their families across the province.

Hear stories about auto insurance claim adjusters, no fault insurance, and WorkSafeBC here: https://t.co/hZO99fPLEP pic.twitter.com/4eV0n6acRR

— No To No Fault (@notonofault) October 19, 2022

Mitchell describes the system as “extremely complex” and “not user-friendly” for those who are injured and are expected to complete the forms required.

While full coverage customers under the new model save about $490 per policy (depending on individual factors), Mitchell said, “people are finding that they are paying less for insurance, and they’re getting way less in benefits.”

“I’m still waiting in limbo”

Wihlidal said ICBC has told him it is trying to establish fault and see if his claim is eligible for the compensation he requested; however, ICBC has admitted the process was delayed because it is waiting on Langley RCMP to file the police report which can take up to two months.

Wihlidal says the driver has also not contacted ICBC.

This means he is “still waiting in limbo.”

After Daily Hive contacted ICBC, Wihlidal said a new case manager was assigned to take over his file.

ICBC told Daily Hive it had ordered the police report from Langley RCMP in early October and the insurance company is still waiting on it.

“It appears there was a delay in administering benefits in this case while the circumstances behind the crash were being determined through the police report or statutory declaration,” a statement reads.

Daily Hive has reached out to Langley RCMP.

You might also like:

Wihlidal completed a statutory declaration late last week and ICBC said an occupational therapist will be working with him on additional care and coverage that may be needed in his household.

Wihlidal said he is skeptical as to how long it will take the occupational therapist to assess his condition so he can claim benefits for cleaning and cooking.

The Langley resident had surgery in early October and has been getting better every day. He emphasizes that he needed home care benefits at the start of his recovery.

“I am scared that by the time I am eligible/approved for benefits, my assessment will show I don’t need them, even though I’ve needed them for the past three weeks,” he told Daily Hive in a follow-up email.

ICBC has apologized to Wihlidal.