British Columbia resident denied insurance compensation after traffic accident involving pink vision distortion
In the province of British Columbia, the no-fault insurance system, known as Enhanced Care, has been designed to provide quicker and fairer access to benefits for accident victims. Under this system, medical and wage-loss benefits are promptly available without the need to prove fault[1][3]. However, compensation for permanent impairment, such as the case of artist Richard Broad from Nanaimo, requires a formal assessment that translates the injury's extent into a monetary value[1][3].
In November 2021, Richard Broad was involved in a rear-end collision. As a result of the collision, he suffered a posterior vitreous detachment in his left eye, which has caused permanent changes in his vision[2][6]. Broad, who relies heavily on his vision for his artistic work, claims that the injury has resulted in significant income loss[4].
ICBC, the public insurer in B.C., used a formula to determine Broad's "permanent impairment rating." The formula takes into account factors such as distance vision, vision field loss, and double vision[7]. However, the result of the formula was $0 compensation for Broad[8].
The British Columbia Civil Resolution Tribunal (CRT) ruled in favour of ICBC in Broad's case appeal, stating that while they believed Broad suffered permanent impairment as a result of the collision, they did not entitle him to compensation[9]. This ruling has been met with criticism, as Broad agrees that the policy needs to be changed and is prepared to take the case all the way to the B.C. Supreme Court[10].
ICBC chief enhanced care officer Perry Straus stated that Broad's condition is unique with unique impacts to his ability to do things[11]. Straus's statement highlights the complexity of cases like Broad's, where the impact of the injury extends beyond the immediate physical symptoms.
The no-fault insurance system in British Columbia aims to control legal and insurance costs by focusing on permanent impairments and excluding temporary injuries from compensation[1][3]. However, cases like Richard Broad's raise questions about the adequacy of the current system in providing fair and comprehensive compensation for accident victims.
References: 1. BC Government - Enhanced Care 2. CBC News - B.C. artist sues ICBC after collision leaves him with permanent vision loss 3. Insurance Corporation of British Columbia - Enhanced Care 4. CBC News - B.C. artist sues ICBC after collision leaves him with permanent vision loss 5. Insurance Corporation of British Columbia - Enhanced Care 6. CBC News - B.C. artist sues ICBC after collision leaves him with permanent vision loss 7. CBC News - B.C. artist sues ICBC after collision leaves him with permanent vision loss 8. CBC News - B.C. artist sues ICBC after collision leaves him with permanent vision loss 9. CBC News - B.C. artist loses appeal in lawsuit against ICBC over permanent vision loss 10. CBC News - B.C. artist loses appeal in lawsuit against ICBC over permanent vision loss 11. CBC News - B.C. artist loses appeal in lawsuit against ICBC over permanent vision loss
In the realm of the British Columbia's health and wellness system, the no-fault insurance policy, Enhanced Care, though designed to swiftly assist accident victims with medical and wage-loss benefits, seems inadequate when it comes to compensating victims for permanent impairments, as seen in the case of artist Richard Broad, whose medical-condition (posterior vitreous detachment affecting eye-health) resulted in no compensation despite significant losses. The complexities in such cases, as underscored by ICBC chief enhanced care officer Perry Straus, question the system's capacity to provide fair and comprehensive compensation for permanent impairments in accident victims.
