Hit Him

Ben Bolliger, who was badly injured in the collision, and cycling advocates say his case highlights flaws in ICBC's recently introduced no-mistake insurance system.

Ben Bolliger holds the pieces of the bike he was riding when he was struck by a car in 2021. (CBC)

A Vancouver cyclist has been slapped with a $three,700 bill from the provincial vehicle insurer to repair the hood and windshield of a car that hit and injured him last summer.

Ben Bolliger said he was pedalling to become dejeuner on Granville Island when a driver of a Mercedes-Benz ran a finish sign at the intersection of Willow Street and West 7th Avenue, striking him with enough force to badly break his right arm and snap his bike in two.

"I may take entered the intersection going mayhap five kilometres an hour and I was thrown 14 metres," he said. "They removed many pieces of windshield from my dorsum. I recall in the end [I received] close to 97 sutures and staples."

According to the assessment of the incident by the Insurance Corporation of British Columbia (ICBC), Bolliger was found to be 50 per cent at error for the crash and was charged accordingly for the impairment to the car.

Bolliger and cycling advocates say his case highlights flaws in ICBC'south recently introduced no-fault insurance system.

"They are treating my bike as if it'south an uninsured vehicle ... just as they would a car, which in my heed is bonkers," Bolliger said.

"And nether this new no-fault insurance regime — which seems comical at this point — there is really no or very picayune recourse for cyclists."

In a statement, ICBC said investigators review all bear witness earlier reaching a decision. It said in claims involving conflicting accounts or insufficient evidence, "responsibility for the crash may be split," and that decisions tin can exist appealed through the ceremonious resolution process.

Under the no-error system, people can no longer sue for damages if they're injured in a crash involving a vehicle.

ICBC switched to the model May 1, 2021, promising it would save the average B.C. commuter $400 a yr in premiums while redirecting hundreds of millions of dollars spent on lawyers and legal costs to do good those injured in crashes.

Bolliger'southward plight came to lite afterwards he posted virtually it on social media. As it turns out, he isn't the only cyclist unhappy with ICBC.

Cyclist Alecia Sharp claims she was hit by a car that ran a reddish light, but ICBC told her she was 100 per cent responsible for the crash. (CBC )

Alecia Sharp told CBC she was hit by a motorcar she claims ran a red light at a major bicycle route intersection at Due east 10th Artery and Clark Drive.

ICBC told her she was 100 per cent at fault for the crash because she entered the intersection from a cease sign.

"I waited until I had the pedestrian walk sign," she said. "But considering I left on a stretcher, unfortunately, I wasn't able to get whatever information from the scene. And so I don't know about the motorcar that hit me and I wasn't able to get any witness information, either."

The crash and backwash has been especially stressful for the pregnant Precipitous. Different Bolliger, she only recently learned ICBC will not be charging her any money.

Co-ordinate to a personal injury lawyer who specializes in representing cyclists, the two cases highlight the unfairness at ICBC.

"After [the introduction of] no-fault, the ability to claiming any conclusion that ICBC makes, including liability, was removed or severely restricted," said David Hay. "Nether the old system, yous could retain counsel to create some leverage ... In the new world, you can't pursue damages."

Hay recommends cyclists wearable a body cam for the purposes of prove in the event of a crash.

Cycling advocacy grouping HUB is also speaking out in favour of revising the Motor Vehicle Act to improve protect non-vehicle drivers.

"Information technology's very outdated and doesn't do much for people walking or people cycling," said spokesperson Jeff Leigh. "A specific vulnerable road user law would be a big step forrad."

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Source: https://www.cbc.ca/news/canada/british-columbia/vancouver-bc-cyclist-icbc-insurance-no-fault-1.6403817

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