Vancouver motorcycle crash victim unhappy with 'frustrating' ICBC no-fault process

A Vancouver woman is speaking out on the ICBC no-fault system just over a year after a devastating motorcycle crash completely impacted her way of life.

“The moment I entered the intersection, the individual stepped on the gas, and I looked to my right, and just for a split second, I thought to myself, ‘Oh my God, this is happening,'” Erica Sullivan recounted in a conversation with Daily Hive.

“I heard a huge crash sound, and then everything started spinning.”

Vancouver and B.C. drivers have been under the ICBC Enhanced Care or no-fault insurance system since 2021, but is it working?

ICBC described it as “a new way of doing auto insurance” in British Columbia, and touted it for costing less than the previous legal-based system.

B.C.’s insurance agency also celebrated that it saved $1.5 billion from the change, while also saving customers around $490 or 28 per cent, on their full coverage.

In Sullivan’s case, the driver who hit her claimed full responsibility, yet she was only initially offered $3,800 as part of Enhanced Care.

“I opened my eyes, and I was in the middle of the intersection, and my knee was in immense pain.”

Sullivan’s knee is the main physical victim following the crash. Sullivan, who is a City of Vancouver employee, experienced a double-bucket handle tear of the meniscus, which she said is pretty rare. The meniscus acts as a cushion between your major leg bones. Sullivan had to have hers removed, and without it, your bones are basically grinding on each other.

Before the accident, Sullivan lived a very active life and enjoyed activities like mountain biking and skiing. She was also in the middle of the season of a Queer baseball league she’s part of.

It also happened just a week before her 40th birthday. ICBC shared some information with Daily Hive about Sullivan’s case, which makes it clear that she got a bit more than just the $3,800, but for her, it’s more about the lack of nuance and also the process for attempting to obtain compensation.

“My meniscus, as I mentioned, wasn’t just torn; it was removed. And I likely will require a knee replacement in the future, but I haven’t had one yet. So I asked to escalate my case because I know it was a torn meniscus, but it wasn’t that simple,” Sullivan explained.

“It’s very frustrating, and you can’t sue the individual under this care model for compensation for pain and suffering because my life, as I knew it before, has done a complete 180,” she said.

She now faces the potential of a full knee-replacement surgery.

ICBC responds to Vancouver rider’s no-fault concerns

“My case is still open, and they have told me that there are options for reassessment, and if they discover anything else that could be payable, that they would do that.

We spoke to ICBC about Sullivan’s case, which acknowledged the ongoing impact the crash had on her life. ICBC told Daily Hive that it provided over an additional $12,500 in medical and rehabilitation benefits and support with her daily activities.

That included funding for 46 physiotherapy treatments, eight massage therapy treatments, 10 counselling treatments, and other support.

“Compensation for permanent impairments, and the types of injuries that qualify, are outlined in regulations, and we are bound by those regulations,” ICBC said.

“We will continue to provide Ms. Sullivan with the benefits she needs throughout her recovery journey.”

We could also see some changes to Enhanced Care in the near future, as ICBC points out: “A Special Committee of MLAs has been appointed to review Enhanced Care and to identify opportunities to strengthen and improve the model. We are participating in this review and look forward to making any improvements based on the committee’s recommendations.”  

However, Sullivan said it’s “not just about the money” and explained that the escalation process was frustrating.

“It’s frustrating when you’re just a line item, and there’s no consideration for the nuance of it all,” she said.

We also heard from J.A. Pankiw-Petty, an Executive Committee Member with the Trial Lawyers Association of BC (TLABC), about ICBC Enhanced Care in response to the Vancouver crash victim’s story.

“British Columbians are not getting what they pay for from ICBC. When a negligent driver causes serious harm, the victim deserves full and fair compensation, not whatever ICBC chooses to provide. When ICBC is wrong, victims should have the right to go before independent judges, not insurance adjusters or government-appointed tribunal members,” they said.

“Enhanced care and No-Fault leave you on your own, with no meaningful recourse, and no options. It is already too late for five years of victims of No-Fault. But it isn’t too late for anyone else who might suffer an injury in a car crash in the future,” they added.

A slight change of plans for her 40th birthday

We asked Sullivan how her birthday plans changed because of the crash, and thankfully, some people very close to her came through and made it special regardless.

Originally, Sullivan was going to go to the water slides.

“I had booked a big gazebo out at Trout Lake Park, and I invited a ton of people, so I had to cancel all of that, try and get my deposits back,” she said, adding that it was a “tough pill to swallow.”

“But my partner is amazing, and she actually had a friend of ours who is a chef come in and set up a nice cozy seat at the table with a nice big leg rest. Our friend came and made us a meal. It was super, super thoughtful,” Sullivan said.

“It ended up being pretty good for the condition I was in.”

Are you a Vancouver resident who has had to deal with the ICBC no-fault system? Let us know in the comments.

There’s also an ongoing campaign called No to No Fault, which you can read about online. The BC Cycling Coalition also has some recommendations about Enhanced Care.