‘I have to sell my house’: Widow says ICBC death benefits left her in financial distress

A Surrey widow says she has gone into financial distress following a tragic incident in Boston Bar and must sell her house because ICBC’s death benefits were so minimal.

On July 11, 2022, Kelly and Christine O’Reilly were enjoying a ride on their motorbike. Suddenly, a truck travelling in the opposite direction lost its load of bricks.

“The whole thing just collapsed almost on top of us,” she told Global News.

“I could feel my husband gearing down and trying to steer, and it was really bumpy … I guess I was going through the air, and then I hit the pavement and felt the air get knocked out of me.”

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Christine survived with several broken bones. Her 63-year-old husband suffered catastrophic injuries and died at the scene.

Christine’s death benefit was minimal, as Kelly was unemployed at the time of his death: about $69,000.

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“We have provided the family with coverage for funeral expenses, grief counselling and death benefits as well, since the passing of Mr. O’Reilly,” ICBC Spokesperson Greg Harper said.

“Ms. O’Reilly suffered some injuries in that crash, and we’ve been working with her on that to help her recover.”

Christine said she’s been left financially devastated.

“I’ve been living on a line of credit, and it just hit $90(000),” she said. “I have to sell my house, and I am going to downsize.”

The fatality did not fall within any of the exceptions under B.C.’s no-fault system. And since no criminal charges were laid, she’s unable to pursue legal action against the truck driver.

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The province has promised a five-year review of no-fault, which it calls “enhanced care.”

“So what we’re reviewing in basic terms is how well are we doing, which I should say is a constant process within the corporation,” B.C. Public Safety Minister Gary Begg said.

Lawyer Jesse Kendall with Rice Harbut Elliott LLP said the case shows where the system needs work.

“If this review is going to take place in the next year, this seems to be an area that is ripe for amendment and change to give people the right to pursue claims,” he said.

Christine said she believes change is needed now, so that others don’t face financial hardship.