On the morning of June 1, 2023, Courtney Johnson was driving on Highway 3 with two of her five children, when she was struck head-on by a logging truck. Johnson and her twin daughters, Taylor and Hailey, were killed at the scene.
It was determined that the logging truck in the westbound lane experienced a mechanical problem, which caused it to cross the centre lane and hit Johnson’s Chevrolet Suburban.
Because it was a mechanical problem that caused the collision, no one was deemed at fault.
The tragedy left Courtney’s family bereft and devastated. And Courtney’s mother, Linda Chisholm, also found herself in a tangle of no-fault insurance red tape, as she pursued not just appropriate compensation for Courtney’s surviving children, but acknowledgement of the devastation the family has suffered.
Part of the issue, she said is how the insurer compensates survivors such as her daughter’s three other children, now teenagers.
In 2021 ICBC replaced its auto insurance model in B.C. with no-fault insurance, part of a new “Enhanced Care” coverage system. This brought significant changes to the rights and benefits available to those injured in a motor vehicle incident in B.C.
In particular, with a few exceptions, nobody is considered to be at fault. Therefore, those involved in motor vehicle incidents generally won’t be engaged in lawsuits to win damages.
Instead, ICBC pays out claimants directly, according to a pre-determined amount based on the type of injury. The no-fault system assigns a fixed compensatory amount that claimants will be entitled to, regardless of how each individual may be uniquely affected by their injury.”
It’s argued that while victims under ICBC’s no-fault insurance will lose their right to access the courts and a fair settlement, the Enhanced Care coverage system comes with an expansion of accident benefits, ICBC said.
Because of no-fault insurance, Chisholm said, ICBC now has control over every part of a person’s claim from start to finish. She says it eliminates or reduces the ability to recover many of your actual losses, and takes away access to an independent BC judge or jury to decide these cases.
“You no longer have the ability to bring a legal claim to ensure your individual rights are protected, and to ensure fairness,” she said.
“ICBC’s rates are lowered, but now, anyone who has been injured has no recourse.”
Speaking of the devastation suffered by the family, Chisholm said the aftermath left them feeling almost invisible.
“For something as devastating as that, when three people are removed from this world, it’s almost like there’s no acknowledgement.”
Chisholm said that for the trucking company involved, “there’s been no acknowledgement of responsibility or accountability.”
ICBC’s payouts to the three children were based on their mother’s age and her income, which had been low for a few years as she was in school and working as an electrician’s apprentice.
“So, they go on your previous two years’ income taxes and multiply it because she was 42 by four. So that’s what your life is worth,” she said.
Each surviving child got a sum of money in trust, Chisholm said, and only to be paid out when they reached the age of majority.
“So there’s no financial support for the family until they turn 19.”
The money should have gone to Courtney’s estate, Chisholm said, for more and better transparency.”
Chisholm said that her issue is not just about the compensation, the money paid out, but about rehumanizing the process for others so affected.
“ICBC has taken common sense, and human decency out of the equation,” Chisholm said. “No fault is robotic, there is no empathy for the victims who are actually not at fault. They block you every step of the way with paperwork, insane regulations, all under the title of enhanced care.
“The whole process is degrading to people who are already suffering from terrible injuries and loss. You are given options, but if you don’t agree with their decisions, all are dead ends.
“The Civil Resolution Tribunal won’t look at it. BC Fair Practices won’t look at it. The B.C. Ombudsman won’t look at it. And that $110 rebate [received by drivers in 2024] is a slap in the face.”
ICBC said in a statement that n the event that criminal charges are laid and a driver is convicted, victims and their families have the right to sue that driver in a civil claim for certain compensation.
“We understand it’s a very difficult time for families when their loved one is killed in a crash. We’re here to provide support with increased coverage for grief counselling, death benefits and funeral expenses under Enhanced Care.”
ICBC said B.C.’s no-fault insurance system has many improvements over the old model: increased funeral expenses, increased death benefits, and grief counselling is now available, for instance.
“When Enhanced Care was launched on May 1, 2021, it provided a new way of doing auto insurance in British Columbia; one that costs less than the previous legal-based system and provides anyone injured in a crash with improved care and recovery benefits,” ICBC said in its statement.
“Unlike the previous legal-based, adversarial insurance model, Enhanced Care is collaborative. Our focus is on supporting people injured in crashes by ensuring they’re accessing all the benefits needed in their recovery journey.
“We take concerns about the model seriously, and we’re committed to making the claims experience as seamless as possible for anyone involved in a crash.”
ICBC said that Enhanced Care is grounded in supporting people injured in crashes.
“Under this model, a catastrophically injured person has access to care and recovery benefits, and doesn’t have to wait years for a court settlement that may fall short of their care needs and be subject to being reduced by up to 33% in lawyer fees. In addition, about 40% of people injured in crashes don’t have anyone to sue because their mistake (including split second judgement errors) led to the crash.
“Anyone who suffers a catastrophic injury will receive compensation for permanent impairment of up to approximately $299,670. Those with serious, non-catastrophic, permanent injuries may also be eligible for some compensation.”
While Enhanced Accident Benefits are available to all injured parties, drivers who cause crashes or drive dangerously are still held accountable, the ICBC statement said. “Those drivers will continue to pay more for their insurance and potentially face other, more serious consequences. For example, surviving victims of a crash can still sue for pain and suffering in the event that a driver is convicted criminally.
In a related story by Canadian Press, the NDP government said the move has worked, announcing in May that the financial improvement at ICBC means drivers will get an insurance rebate of $110 this year, while basic renewal rates will remain frozen until at least March 2026.
More information about benefits and how they’re determined is available on icbc.com.
With files from Canadian Press
*Hutchison, Oss-Cech, Marlatt: Barristers and Solicitors. The fixed amount ICBC has assigned to each injury is set out in the Permanent Impairment Regulation, BC Reg. 61/2021.
