Talk about a one-two punch. Last July, Vancouver, B.C., resident Ben Bolliger was struck while riding his bicycle by a driver who, he says, ran a stop sign. Since then, he's undergone surgery, a CT scan, seven followups with X-rays, 26 physical therapy sessions, 10 rehab sessions, and two splints.
Last week, he received a letter from the public insurance company ICBC. It stated, according to the Vancouver Sun, that Bolliger was responsible for damage to the car. The bill totaled $3,752.01 CAD for repair to the windshield and hood.
“Our customer has reported this crash, and as noted in our previous correspondence, you are responsible for any resulting damage or injury sustained by our insured," the letter read. “You were driving an uninsured vehicle at the time of the loss. This means you do not have insurance coverage for this loss and must repay the cost of our insured’s claim.”
This last July I got hit by a car while biking to pick up lunch by a driver who ran a stop sign on a bike route. Last week @ICBC sent me a $$3700 bill for repairs to the guys hood and windshield. pic.twitter.com/2MToIrGM5z
— Ben Bolliger (@benbolliger) March 29, 2022
Bolliger says the accident broke his bike in two and threw him onto a rocky surface 45 feet away. "My right arm was totally broken, and I’ll never have full range of motion in that arm again," he told the Sun. "My foot was broken, they pulled about 10 pieces of his windshield out of my back, and that took close to 100 stitches and staples.”
Bolliger adds that he has missed four months of work, and although he made a claim against ICBC as well, the insurance company made him use up all his sick time and vacation days, apply for employment insurance, and even then only covered 80 percent of his wages.
“It’s a punch in the gut. It really is a punch in the gut,” Bolliger said. “How am I on the hook for getting hit by a car?”
The source of the issue is a new, confusingly named "no-fault" car insurance law that passed in Canada in 2020. Driving.ca explains the details, but in practice it allows drivers to pay for a lower rate while pedestrians and cyclists lose power in situations like this. In a dystopian twist, ICBC calls their no-fault coverage "enhanced care."
Vancouver lawyer Kyla Lee said cases like Bolliger’s are becoming more common, because cyclists and other uninsured individuals don't have recourse to sue ICBC. The new model, she says, "gives ICBC all the power."
Though another lawyer who spoke with the Sun believes ICBC's demands will be dropped, and the province's solicitor general has instructed ICBC to investigate the situation, it's still causing Bolliger unnecessary headaches when the insurer should be making his life easier.
