B.C. woman says ICBC’s no-fault insurance robbed her of justice for her mom

A woman who lost her mother to a Surrey motor vehicle incident says ICBC’s no-fault insurance has left her without justice.

“My mom was a very lively person. She was the best mom. She was … full of energy,” Jenny Choi told Global News.

In September 2022, 51-year-old Holly Park was run over by an SUV driven by a man she was dating at the time.

“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,” Choi said.

The driver was never criminally charged due to lack of evidence of intent.

He was fined the maximum $2,000 under the Motor Vehicle Act.

Choi says that for years, her family waited for answers — first a criminal case and then accountability through ICBC.

But under B.C.’s no-fault insurance system, Choi says she learned they can’t sue 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.

Choi said that ICBC covered funeral costs, therapy and a death benefit, but she said it doesn’t feel like justice.

“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.”

Under the no-fault system, lawyers say that victims really have no options.

“What no fault means is you do not have the right to sue civilly. Period. You can’t sue the other driver. You can’t sue ICBC, for all intents and purposes,” Greg Phillips, past president of the B.C. Trial Lawyers Association, said.

“You get what ICBC gives you, and nothing else.”

ICBC was not available for an on-camera interview on Wednesday, instead providing a statement that said, in part, “ICBC and the provincial government take concerns and feedback about Enhanced Care seriously. An independent and comprehensive review of the model is now underway.”

Choi said she wants to see justice for everyone and that’s why she is speaking out.

“I really think citizens should know what they’re really signing up for if they think about themselves or like a family member that could be impacted in the future,” she said.

“Then I do think people would think twice.”

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