Date of publication: 03 Apr 2022 • 14 hours ago • 3 minutes reading • 46 Comments Ben Bolliger holds his recently broken bicycle on Willow Street and West 7th Avenue in Vancouver, where he was hit by a young driver behind the wheel of a Mercedes last July . Photo by Jason Payne / PNG
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A year ago, Derek Wilson got off his bike to use the pedestrian crossing on Comeau Lake Road in Coquitlam when a right-hand sports car hit him, dragging him to the hood and windshield of his bike. over him.
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He was not injured, but the news this week that ICBC is charging Vancouver cyclist Ben Bolliger more than $ 3,700 in damage to a car that hit Bolliger as he was cycling at a controlled intersection on a bike lane made Wilson pause. “I was just as surprised as anyone else,” said the Port Moody, who will soon turn 74. “It was a wake-up call, if I had broken this type of windshield… why should he (Bolliger) get a huge bill to fix the car that hit him?” The ICBC bill is disappointing news for many cyclists and reinforces the need for avid riders to have some form of insurance, supporters say. “We strongly believe that if you are an avid cyclist and spend time riding your bike, having some type of insurance to cover you in this activity is beneficial and advisable,” said Erin Waugh, CEO of Cycling BC. “Insurance is a big part of what we offer as a sports organization; we think it’s really important.”
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If you become a member of Cycling BC, liability insurance is provided for organized club events, but this insurance would not cover a member of the club found in the Bolliger position. Postmedia News asked ICBC on Thursday for information on the number of letters such as Bolliger sent and how much the company sought to recover from such accidents, but was told it would take longer to locate them. Ever since the provincial government passed legislation in early 2020, ICBC has had a flawless policy for almost two years. Readers may remember that they were pleasantly surprised when they received a letter from ICBC and found in it not bills but discounts – a couple for reduced mileage due to COVID-19, another to offset lower rates due to fault, something which ICBC calls Enhanced Care.
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No-fault insurance is intended to save drivers about 20 percent of their annual premiums (and save ICBC about $ 1.5 billion). It also means that victims can no longer sue Crown Corp., which means that it is difficult to find a lawyer to represent you if you feel wronged. And it stacks the deck against cyclists, said Vancouver attorney Joel Zanatta. “Completely crowded,” said Zanatta, whose company The Cycling Lawyer offers legal and insurance advice to cyclists and who represents Bolliger on a pro bono basis. “It’s a war on cyclists. “It sounds like I’m talking too much, but I’m not. It ‘s crazy.” After the possibility of suing ICBC was removed, the injured cyclists are at the mercy of the monopoly insurance company, he said. “They immediately say, ‘If we find you to blame, you have to pay,’ and then to make matters worse, there is nowhere to go if you dispute the error other than the CRT.”
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The CRT is the Civil Consolidation Court, created to resolve disputes involving vehicle accidents, petty claims, mattress assets, cooperatives and societies. “The most you can get out of it,” Zanatta said, “is your bike paid for.” No lawyer is going to want to touch that, he said. “It’s a joke. I’m the only guy who does it and I’m doing it for free because I’m in a situation where I can. “If I had taken this case long ago, I would have won it every time. It’s so rotten. “ And it’s not just cyclists, but anyone who has the right to share the road is at risk, Zanatta said. “(ICBC) says that if you want to share the road, which is right in Canada, you have to buy your own insurance for it and it’s not a nice thing. It does not have to be mandatory, that’s for sure. “Will you insure every child out there? Pedestrians are hit by this. “Skateboard, scooter.” Parents pushing strollers? “Same thing. The group is called vulnerable road users; they all have a legal right to use the road.” [email protected] twitter.com/gordmcintyre More news, fewer ads, faster upload time: Get unlimited, ad-lite access to The Vancouver Sun, The Province, the National Post and 13 other Canadian news sites for just $ 14 / month or $ 140 / year. Register now through The Vancouver Sun or The Province.
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