ICBC discontinues care of Vernon senior after he was hit by vehicle in 2023

A retired firefighter who suffered significant injuries after being hit by a car while riding his bicycle says that because of the Insurance Corporation of British Columbia’s (ICBC) no-fault insurance system, he is not getting the care he needs.

On May 16, 2023, Wakefield was hit by a vehicle while riding his electric bicycle in vernonBC, leaving him with multiple broken ribs, a broken scapula, a broken collarbone and a concussion.

Wakefield has been receiving care for his injuries, including mental health support, but at the end of December 2023, he says ICBC cut his funding.

“They decided they had enough and just stopped me, even though my doctor, my physical therapist, my massage therapist and my mental health counselor asked for more and said, ‘No, we’ve given you enough, we’re stopping you.’ ‘” Wakefield said.

Under BC’s no-fault insurance, accident victims cannot sue at-fault drivers and rely solely on ICBC for compensation, a policy a Vancouver lawyer believes is unfair to victims.

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“I hear countless complaints from clients who feel that ICBC does not treat them fairly and feel that they have been stripped of their rights,” said Kyla Lee, an attorney at Acumen Law.

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“People who don’t have the opportunity to hire lawyers, who can’t find lawyers willing to fight ICBC because going to the Civil Resolution Tribunal typically doesn’t produce enough compensation for someone to pay a lawyer.”

According to Wakefield, ICBC attributes his PTSD and anxiety to a previous incident when he was a firefighter six years ago, but the counselor they provided him never spoke to or met Wakefield.

“They won’t even give me his name, I have no idea who he was,” Wakefield said.

Lee says ICBC has a lot of power in these situations.

“They can hire their own independent experts who don’t even have to evaluate or vet you to tell ICBC you don’t deserve compensation,” Lee said.

Wakefield also says ICBC is linking his physical injuries to a previous cycling injury, from which he claims he is fully healed.

In a statement, ICBC said it was approaching Wakefield to ““Better understand your current situation and your recovery from accident-related injuries.”

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The Crown corporation said Wakefield had received 120 treatments since his collision, along with wage loss benefits and compensation for his permanent injuries.

He said that after a review of his case last spring, he was informed that he could not extend funds for additional counseling or income replacement, but notified him of his options to dispute the decision.

The insurer said that if an injured person suffers a setback in their recovery they may be entitled to more accident benefits.