In 2020, changes to the Insurance (Vehicle) Act (the Act) introduced a “no-fault” insurance model or “enhanced care” coverage for auto insurance in BC.

Recently introduced Bill M 237, Insurance (Vehicle) Amendment Act, 2026  proposes specific changes related to the time period to make a claim for benefits for a catastrophic injury and proposes a change to the meaning of a catastrophic injury.

On June 25th, Disability Alliance BC made a written submission to The Special Committee to Review Provisions of the Insurance (Vehicle) Act during their consultation process, in which we provided a number of recommendations and feedback on Bill M 237.

Read our submission below or download it here.

Learn more about the consultation here: https://consultation-portal.leg.bc.ca/consultations/230

No-Fault Should Not Mean No Voice: Ensuring Fair Access to Enhanced Care within BC’s No Fault Insurance System

Written Submission to the Special Committee to Review Provisions of the Insurance (Vehicle) Act

By Disability Alliance BC

June 25, 2026

Introduction

For almost 50 years, Disability Alliance BC (DABC) has been a provincial, cross-disability voice in BC. As a registered charity, we work to support people with all disabilities to live with dignity, independence, and as equal and full participants in the community. Our organization has several direct service programs that support people with disabilities across BC to access critical benefits and services, which range from provincial and federal income supports, filing taxes, legal advice and representation, accessibility legislation compliance and accessible housing.

DABC supports the objectives of BC’s no-fault insurance model. We recognize that the previous litigation-based system was often slow, adversarial, and costly, which effectively marginalized and inhibited many low-income people with disabilities injured in a motor vehicle accident from receiving compensation and care  We also recognize the efforts ICBC has made to improve customer service and accessibility through ongoing engagement with disability organizations, including DABC’s participation on ICBC’s Disability Advocacy Advisory Group.

However, based on feedback received from our clients, DABC believes improvements are needed to ensure that individuals understand and can effectively access the full range of benefits and supports to which they are entitled under Parts 10 and 11 of the Insurance (Vehicle) Act.

Enhanced Care and its Limitations

Part 10 of the Insurance (Vehicle) Act represents a significant shift from a fault-based compensation model to a benefits-based system. DABC supports the principle that individuals injured in motor vehicle accidents should receive medical treatment, rehabilitation, and income support without needing to engage in lengthy litigation to prove whose fault the accident was.

However, the removal of most rights of legal action under the Insurance (Vehicle) Act has created an unintended consequence: many people injured in motor vehicle accidents no longer have access to the advocacy and representation that previously helped them understand their rights and obtain their entitlements.

The enhanced care model is highly complex. Benefits vary depending on the nature of the injury, employment status, treatment needs, income history, and many other factors. Many individuals struggle to understand what supports are available, how to request them, and how to challenge decisions when ICBC denies or reduces their access to care.

Through DABC’s direct advocacy work, we regularly hear from individuals who do not understand what benefits they are entitled to receive with ICBC; feel unable to challenge decisions made by ICBC, experience difficulties in navigating requests from ICBC for medical documentation, and feel ill-equipped to partake in this process in which ICBC acts as both the enhanced care administrator and decision-maker.

We acknowledge that many ICBC Customer Care employees work diligently to support their customers. Nevertheless, a system that relies heavily on individual employees requires strong safeguards to ensure consistency, transparency, and accountability.

Independent Rights Advice and Advocacy

The most significant improvement the Province could make would be the creation of an independent rights advice and advocacy service for individuals injured in motor vehicle accidents.

Under the previous tort system, injured individuals often had access to legal representation that helped them understand their rights and pursue compensation. Under the enhanced care model, many people no longer have access to equivalent assistance.

An independent rights advice service could explain available benefits and entitlements under enhanced care, assist customers in navigating the enhanced care process, and help these individuals through dispute resolution with ICBC. DABC believes such a service would improve fairness while preserving the cost savings associated with the enhanced care model.

Feedback on Bill M 237

DABC supports Bill M 237. The proposed amendment extending the time period to make a claim for catastrophic injury benefits is a positive and necessary change. Individuals with catastrophic injuries often face prolonged rehabilitation, extended disability-related needs and significant disruption in daily living.

While DABC supports Bill M 237, we encourage the Committee to undertake a broader review of the catastrophic injury framework to consider the long-term impacts of chronic pain, traumatic brain injuries, psychological effects, and other disabilities which can permanently alter a person’s ability to work, participate in community life, and maintain independence.

Summary of Recommendations

• Maintain the no-fault insurance model.
• Establish an independent, publicly funded, third-party rights advice and advocacy service for individuals injured in motor vehicle accidents.
• Create stronger independent oversight and review mechanisms for enhanced care decisions.
• Improve transparency regarding eligibility criteria, enhanced care benefit calculations, and dispute resolution processes.
• Conduct a review of the definition of catastrophic injury to ensure it reflects the broader impacts of disability.