Few readers recall the angry mood of B.C. motorists directed at the private automobile companies prior to 1974. High premiums, uninsured vehicles, draconian rating practices, limited coverage, harsh cancellation policies and unfair treatment of injury claims resulted in a change of government and the Insurance Corporation of British Columbia.
ICBC initially addressed many past criticisms. Mandatory coverage tied to the vehicle licence plate ensured few, if any, uninsured vehicles and supplementary coverage provided additional protection. Underwriting practices of ICBC and its networking across the province ensured excellent customer sales and service and vehicle repairs.
Suffice to say, finding of fault, evaluating injury or loss of life is a complex subject. Claims of this nature are resolved by highly trained personnel and lawyers via negotiations, mediation or trial. Approximately three per cent of all litigation files are historically settled by trial.
ICBC's "Achilles heel" is its current handling of injury claims. Its policy of accident benefits and "no-fault" coverage is inadequate and is secondary coverage to all private plans, even MSP coverage. A disabled employed person is eligible for $15,600 P.A. for two years maximum, near welfare rates.
Claimants requiring medically necessary treatment are not fully compensated for incurred expense until settlement years later. Death and funeral benefits lack proper coverage. An updated "primary package" of no-fault benefits is necessary for universal coverage.
In years past ICBC was a leading innovator in settling bodily injury claims. The introduction of alternative dispute mechanisms, emphasis on customer service, and reimbursement of out of pocket expense and wage loss facilitated early settlements.
In 1988, ICBC introduced mediation as an option to trial with the injured party at the negotiating table, which proved highly successful for all parties. Insurance companies and law firms across Canada soon followed suit. The judiciary and academic institutions supported the process with public approval.
Twenty years later this fundamental program was abandoned by ICBC. In 2008, a new claims regime issued a directive of more trials, historically an expensive non-winner for all parties. This cultural shift and changes in senior claims personnel were extreme.
Staff authorities were arbitrarily reduced or deleted. Claims are now adjudicated by committee with loss of individual accountability. File authority is invested in a select few. Little attention is applied to counsel's recommendations.
Using ICBC's latest statistical data from 2008 to 2014, legal representation is up by 20 per cent in six years. Settlements and costs have risen by as much as 45 per cent. This unacceptable increase is solely due to a change in claims philosophy.
In 2014, injury settlements and litigation expense totalled $1.5 billion. Trial delays have resulted in file backlog. There is a direct correlation between settlement delays and escalating severities and costs.
Rumours abound over poor staff morale and the public is concerned over rising premiums and settlement delays. A review is required of its claims philosophy and practices as rising severities and costs are unacceptable.
The injured motoring public should not be threatened by an expensive trial or unnecessary delays in receiving rightful benefits and adequate compensation.
And a good night to you, Dave.
Doug Husband is a former manager with ICBC and a retired senior commercial mediator. He's also a former mayor of Delta.
