A retired firefighter who suffered significant injuries after being hit by a car while cycling says due to the Insurance Corporation of British Columbia’s (ICBC) no-fault insurance system, he’s not getting the care he needs.
On May 16, 2023, Wakefield was hit by a vehicle while riding his ebike in Vernon, B.C., leaving him with multiple broken ribs, a broken scapula, a broken collar bone, and a concussion.
Wakefield has been getting care for his injuries, including mental health support, but at the end of December 2023, he says ICBC cut his funding.
“They decided they had enough and just cut me off, even though my doctor, my physiotherapist, massage therapist and mental health counsellor all requested more and they said, ‘No, we’ve given you enough, we’re cutting you off,'” said Wakefield.
Under BC’s no-fault insurance, crash victims can’t sue at-fault drivers and rely solely on ICBC for compensation, a policy a Vancouver lawyer says is unfair to the victims.
“I’m hearing countless complaints from clients who feel they’re not being treated fairly by ICBC and feel like their rights have been stripped away,” said Kyla Lee, a lawyer with Acumen Law.
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“People who don’t have the opportunity to hire lawyers, who can’t find lawyers willing to fight ICBC because going to the Civil Resolution Tribunal usually doesn’t produce enough compensation for somebody to pay a lawyer.”
According to Wakefield, ICBC is pinning his PTSD and anxiety on a previous incident when he was a firefighter from six years ago, but the assessor they provided never actually spoke with or met Wakefield.
“They won’t even give me his name, I have no idea who it was,” said Wakefield.
Lee says ICBC has a lot of power in these situations.
“They can hire their own independent experts who don’t even have to evaluate or examine you for them to tell ICBC you don’t deserve compensation,” said Lee.
Wakefield also says ICBC is linking his physical injuries to a previous bike injury, from which he claims he is fully healed.
In a statement, ICBC said it was reaching out to Wakefield to “better understand his current situation and his recovery from injuries related to the crash.”
The Crown corporation said Wakefield had received 120 treatments since his collision, along with wage loss benefits and compensation for his permanent injuries.
It said after a review of his case last spring, it informed him it couldn’t extend funding for additional counselling or income replacement, but notified him of his options to dispute the decision.
The insurer said that if an injured person suffers a setback in their recovery they may be eligible for more accident benefits.
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