British Columbia’s no-fault auto insurance system played a central role in a Civil Resolution Tribunal ruling that denied further compensation to a van passenger injured in a 2021 crash, limiting the claim to a recalculated impairment payment from ICBC.
The decision, issued July 29 by tribunal member Jeffrey Drozdiak, involved a single-vehicle rollover near Tomslake on Aug. 26, 2021. A driver lost control of a van on gravel, causing the vehicle to roll. The passenger, identified by the tribunal as C.R.S., was airlifted to Edmonton, underwent surgery at the University of Alberta, and later returned to Quesnel for several months of hospital recovery.
The passenger suffered fractures to the left arm, collarbone, pelvis, sacroiliac joint, lumbar vertebrae, right rib and eight left ribs. ICBC previously paid $83,732.50 in permanent impairment compensation. C.R.S. applied to the tribunal, arguing that the injuries were catastrophic and warranted higher compensation.
ICBC argued that the injuries did not qualify as catastrophic impairment. The insurer also noted that the damages sought by the applicant were not available under the no-fault insurance system. British Columbia’s Insurance (Vehicle) Act, effective May 1, 2021, bars civil lawsuits for bodily injuries from motor vehicle crashes occurring after that date.
In his ruling, Drozdiak ordered ICBC to recalculate the award but ruled that C.R.S. was not entitled to additional permanent impairment compensation. The decision noted that the applicant could reapply if post-traumatic stress disorder is found to be permanent or if other qualifying conditions arise.
The tribunal adjusted certain impairment ratings. The rating for external-internal hip rotation was raised from 3% to 5%. A 5% rating was applied for gait instability. ICBC had also assessed a 5% rating for loss of sexual function.
The tribunal directed ICBC to complete the recalculation and increase the payment within 14 days of the decision.
