A Vancouver cyclist was sent a bill for more than $3,700 after a collision left him unable to work for nearly three months and damaged a Mercedes – and insurance experts say this could happen everywhere in Canada.
“I got hit by a car that ran a stop sign 100 metres away from my house while I was going to grab lunch on Granville Island,” said Ben Bolliger, who was taken to hospital by ambulance after the July 5 collision. “This week I got a letter in the mail saying that because I was driving an uninsured vehicle, which was my bike, I am on the hook to replace this guy’s hood and windshield.”
The letter from the Insurance Corporation of British Columbia (ICBC), the province’s government-owned insurer, states Bolliger has 15 days to pay $3,752.01 or ICBC may take legal action. “Our customer has reported this crash and, as stated in our previous correspondence, you are responsible for any damage or injury sustained by our insured,” the letter states. “You were driving an uninsured vehicle at the time of the loss. This means you do not have insurance for this loss and must repay the cost of our insured’s claim.”
Bolliger said he hadn’t known that having to pay for damages to a car that hit him was even a possibility.
“My partner and I just laughed – this is not a thing you think can ever happen,” he said. “It’s bonkers that a cyclist can be taken out by a car and asked to pay because we can’t be insured.”
Cyclists can be found at fault in a crash and be found liable for property damage in every province, said Aaron Sutherland, vice-president, western and Pacific, with the Insurance Bureau of Canada.
“Pedestrians can also be held liable for property damage if at fault in a collision, but it is very rarely followed through on as it doesn’t usually cause a lot of damage to the car – and pedestrians are given a lot of allowance for having general right of way on roads,” Sutherland said.
In Ontario, for instance, insurance companies have gone after cyclists to compensate for damage to vehicles when there was a clear determination of fault against the cyclist, said David Shellnutt, a Toronto-based personal injury lawyer who specializes in cycling-related cases.
Split fault?
Bolliger said ICBC previously determined he was 50 per cent responsible for the collision, which he disagrees with.
“We’re both claiming that we did run the stop sign,” said Bolliger, who tweeted about the letter. “He hit my side – I was already making the turn. I have two witnesses, but ICBC says they’re not credible because they are my neighbours. [Vancouver police] won’t give me a copy of the accident report and I got a heavily redacted version of the officer’s notes.” ICBC said it couldn’t comment on this specific case without Bolliger’s written consent, but it e-mailed a general statement.
“In some claims, where there are conflicting accounts and insufficient evidence to determine which version of the incident was more accurate, responsibility for the crash may be split,” the statement said. “If a party is assessed as partially responsible for a claim, they could be responsible for some of the damages to the vehicle …. customers have options to dispute the responsibility of a crash, including with the Civil Resolution Tribunal.”
The insurer did not cover the cost of his bike or smartphone that were both destroyed in the crash, said Bolliger, who had been in the bike lane when he was hit.
“I’m out at least $3,000 already,” he said.
Bolliger said the crash “decimated” his right arm and he had surgery, 26 physiotherapy sessions and 10 functional rehabilitation sessions at Vancouver General Hospital.
He can’t sue the driver for his injuries because ICBC adopted a no-fault system for injury claims last May – joining Saskatchewan, Manitoba and Quebec. That new system doesn’t allow lawsuits for injury claims.
After years of losses, ICBC is expected to make a $1.9 billion profit this year because of cost-cutting and good performance from its investments.
Under the new policy, called “enhanced care,” ICBC will cover medical bills, 80 per cent of lost net income and the market rate for specialist treatments like physiotherapy.
Bolliger said ICBC did not have to pay for any of his medical care because his physiotherapy and rehab took place in the hospital and were covered by provincial health care.
ICBC did pay for about half his salary for nearly three months of lost work, Bolliger said.
“They had me apply for EI medical benefits first,” Bolliger said. “ICBC basically covered the cost of my mortgage.”
Not obligated to pay?
The letter asking for payment doesn’t have any legal force, said Kyla Lee, a Vancouver-based criminal defence lawyer who doesn’t represent Bolliger.
“ICBC just can’t force him to pay that – they’d have to take him to court and prove that he was at fault,” Lee said. “The likelihood that ICBC will go to court for $3,700 is pretty slim.”
Lee said demands like this aren’t unusual – and they happened before the move to no-fault insurance.
“They’re doing it because they want money back – they’ll try to apportion some of the fault to you because you’re uninsured, even if you obviously weren’t at fault,” said Lee.
In a situation like this, Lee recommends checking home or rental insurance to see if there is coverage.
“A lot of people don’t realize this if they’ve purchased umbrella coverage, then they can contact their insurer and [the insurer] will take over defending the claim.”
Editor’s note: An earlier version of this article stated David Shellnutt is a criminal defence lawyer. In fact, he is a personal injury lawyer.