ICBC stops seeking costs from pedestrians and cyclists involved in certain crashes

ICBC is reducing the circumstances under which it will seek to recover costs from pedestrians or cyclists involved in a collision.

Under the changes, ICBC will no longer seek costs from them when it determines liability as 50/50 due to insufficient information or when the person has suffered a severe or catastrophic injury.

The changes come after cyclist Ben Bolliger received a $3,700 bill from the public insurer, after he was hit by a vehicle while riding on a bike route last summer.

Currently cyclists or pedestrians can be billed if it is determined they had some responsibility for a crash.

“Government and ICBC listened to the concerns raised from cycling advocates and Mr. Bolliger about the decision to bill him for vehicle damage after he was involved in a collision,” Public Safety Minister Mike Farnworth said.

“The previous approach was not reflective of the changes we’ve made to auto insurance in British Columbia and that needed to be fixed.”

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The change will also ensure claims involving a cyclist or pedestrian who has suffered a non-severe injury will be carefully considered by a committee of experts.

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These changes mean that, moving forward, the instances of when ICBC may seek recovery from cyclists or pedestrians will be much more limited.

In addition to the broader policy changes, ICBC was recently provided with a final report from police on Bolliger’s claim.

Following review ICBC changed the liability decision to hold the driver of the vehicle 100 per cent responsible for the crash.

This means Bolliger is not responsible for any damages or costs and will be fully compensated for damages to his bicycle and any other items.

“We are committed to continuing to improve and this claim highlighted a situation where improvements needed to be made, and we are now making those changes,” ICBC CEO Nicolas Jimenez said.

“Our new care-based model is just one year old and we will keep looking for ways to improve on how we deliver Enhanced Care to British Columbians.”

Any cyclist or pedestrian injured in a crash with a vehicle is entitled to receive all of the care and recovery benefits they need under the Enhanced Care model, regardless of whether they were responsible for the crash or not.

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Cyclists and pedestrians are not required to be insured in British Columbia.

“We feel the changes are a move in the right direction to support cyclists and vulnerable road users across the province, and we thank ICBC for recognizing the issues and being open to listening to the ongoing concerns of our members,” BC Cycling Coalition executive director Mike Koski said.

“By listening and taking action, positive change was made within just a matter of weeks.”