Auto insurer changes policy on seeking costs from cyclists and pedestrians
The Insurance Corporation of British Columbia (ICBC) is changing its policy on when it seeks recovery for costs from cyclists and pedestrians who have some responsibility for a crash.
Cyclists, pedestrians and other active transportation users could be charged with damages to a vehicle when they have some responsibility for a crash. But moving forward, ICBC says it will no longer seek recovery for costs in some clearly-defined situations, including:
Where a cyclist or pedestrian has suffered a severe or catastrophic injury
If there has been a fatality
When ICBC must determine liability as 50/50 because there is not enough evidence to determine what happened.
Additionally, claims involving a cyclist or pedestrian who has suffered a non-severe injury will be “carefully considered by a committee of experts. These changes mean that, moving forward, the instances of when ICBC may seek recovery from cyclists or pedestrians will be more much limited.” (Canadian Underwriter has reached out to ICBC for comment on this as well as other aspects of the announcement and will update this article when the more information is known.)
“Government and ICBC listened to the concerns raised from cycling advocates and Mr. [Ben] Bolliger about the decision to bill him for vehicle damage after he was involved in a collision,” Mike Farnworth, B.C.’s minister of public Safety and solicitor general, says in a press release. “The previous approach was not reflective of the changes we’ve made to auto insurance in British Columbia and that needed to be fixed.”
According to media reports, Bolliger received a $3,752.01 bill from the public auto insurer after he was hit by a vehicle while riding on a bike route last summer. The seriously injured cyclist was billed for the cost to fix the windshield and hood of a car after a crash in Vancouver, leading to public outrage.
“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,” says ICBC president and CEO Nicolas Jimenez.
It’s not clear how much responsibility ICBC initially assigned to Bolliger, but the public insurer says it was recently provided with a final report from police on the claim. “That information was new to ICBC and has led to a change in the liability decision to hold the driver of the vehicle 100% responsible for the crash,” ICBC says. “Mr. Bolliger is therefore not responsible for any damages or costs and will be fully compensated for damages to his bicycle and any other items.”
In a tweet, Bolliger called the policy changes “one big step in the right direction.”
Adds ICBC: “Importantly, 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 Enhanced Care, regardless of whether they were responsible for the crash or not.”
ICBC’s Enhanced Care coverage came into effect May 1, 2021. There is no overall limit to the care and recovery benefits available to any British Columbian injured in a crash, regardless of fault.
Feature image by iStock.com/Maxvis
