Saanich man launches legal challenge to ICBC’s ‘no-fault’ insurance

Around this time last year, Tim Schober would probably have hopped on his bike to commute to work as a lawyer or play tennis with his wife Lisa. Instead, a catastrophic spinal injury sustained in an accident means the 67-year-old Saanich man will be confined to a wheelchair for the rest of his life.

“Honestly, I’m still dealing with it, it’s really hard to wake up and realize every day what I’ve lost,” Schober said.

It was the afternoon of August 18, 2021, when Schober was struck by a vehicle as he drove down Douglas Street near Haynes Road off the Patricia Bay Highway. Saanich Police continue to investigate the accident. Schober was flown to Vancouver where he remained for almost seven months.

While still grappling with his life-altering injuries, Schober has a new battle on his hands. With the Trial Lawyers of BC, he launched a constitutional challenge to ICBC’s no-fault insurance.

READ MORE: BC government to press ICBC lawyers and legal fees

Because car accident victims like him can no longer sue for damages and get a lump sum like other injury victims, Schober says they are limited in this. advantages they can receive.

“It literally makes the injured person completely beholden to ICBC and the decision makers at ICBC, so you’re going to be controlled and supervised by them with really no ability to challenge that in any meaningful way,” said Trial President William Dick. . British Columbia Lawyers.

“We are therefore challenging this legislation on the grounds that it discriminates against people with disabilities and injuries in different ways.”

Schober says he’s had to submit everything from renovations to his home to a set of hospital bed sheets through a fitter and already has more than $130,000 in his pocket.

“I thought of my colleagues that I met at the rehab hospital and a lot of them don’t have the resources that I have and I think they’re going to get screwed over by ICBC and they won’t know and they won’t. have the ability to challenge that,” he said.

The lawsuit was filed Monday morning and was to be served on the government Monday afternoon. At this point, they are expected to file a response.

On Monday afternoon, the Department of Public Safety and Solicitor General said: “Although we cannot comment on a potential case that we have not seen, the government carefully considered constitutional issues in designing the enhanced care model which draws on the experience of other jurisdictions where similar models are in effect.

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