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B.C. woman says ICBC’s no-fault insurance denied her justice for mother’s death
🇨🇦 Canada /Crime & Justice

B.C. woman says ICBC’s no-fault insurance denied her justice for mother’s death

From Global News · () English

Translated from English, summarized and contextualized by DistantNews.

At a glance

News Named sources Context piece
  • A British Columbia woman feels robbed of justice by ICBC's no-fault insurance system after her mother's death in a suspicious motor vehicle incident.
  • Her mother died after being run over by a man she was dating; the driver was not criminally charged due to lack of evidence of intent.
  • The woman states that under the no-fault system, they cannot sue for pain and suffering, receiving only what ICBC covers, which she feels is not justice.

Jenny Choi says British Columbia's no-fault insurance system, administered by ICBC, has denied her justice following her mother Holly Park's death. Park, 51, was run over by an SUV driven by a man she was dating in September 2022. Police investigated the incident under suspicious circumstances due to the relationship between the victim and the driver.

My mom was a very lively person. She was the best mom. She was … full of energy.

— Jenny ChoiShe described her mother's personality following her death.

Despite the suspicious nature of the incident, the driver was not criminally charged because of insufficient evidence of intent. He received a maximum $2,000 fine under the Motor Vehicle Act. Choi's family waited for years, hoping for accountability through a criminal case or ICBC.

Police knocked on my door the next day, saying that there was an incident that happened, and it was under suspicious circumstances because of the relationship she had with the driver.

— Jenny ChoiShe recounted how the family was informed about her mother's death.

However, Choi learned that under B.C.'s no-fault insurance model, they are barred from suing for pain and suffering. "I thought this is like unbelievable, because you know you pay for insurance, and you think like living in a country like Canada, you’d think that they would support your family, or just like normal people, and it’s something just like bad happened," she said. While ICBC covered funeral costs, therapy, and a death benefit, Choi feels this compensation does not equate to justice or closure.

I thought this is like unbelievable, because you know you pay for insurance, and you think like living in a country like Canada, you’d think that they would support your family, or just like normal people, and it’s something just like bad happened.

— Jenny ChoiShe expressed her disbelief and disappointment with the limitations of the no-fault insurance system.

Greg Phillips, past president of the B.C. Trial Lawyers Association, explained that the "no-fault" system means victims lose the right to sue the other driver or ICBC. "You get what ICBC gives you, and nothing else," he stated. ICBC acknowledged concerns and feedback regarding its Enhanced Care model, noting that an independent review is currently underway. Choi hopes her public statement will inform others about the implications of the no-fault system.

It’s just hard because it’s just hard to, like obviously, like cope with grief, but then also … not have justice or close proper closure, I think, is hard.

— Jenny ChoiShe explained the difficulty of grieving without a sense of justice or closure.
DistantNews Editorial

Originally published by Global News in English. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.

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