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Family pushes back at B.C.香蕉视频直播檚 no-fault auto insurance 2 years after fatal crash

Annie Kong was killed after a vehicle crashed into a wedding on Aug. 20, 2022
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Family members say Annie Kong wanted nothing more than to gather with all her extended family under one roof at her West Vancouver home for Christmas 2022.

香蕉视频直播淪he was talking about that all year,香蕉视频直播 said Nigel Kong, Annie香蕉视频直播檚 son from Denmark, adding his sister, Joanna Moy, was also planning to bring her family from Chicago for the celebration.

香蕉视频直播淲e can all be together, at what would have been our home that we grew up in in Vancouver, where there was the four of us (there) would now be the extended family, the entire brood.香蕉视频直播

Annie Kong would never get that wish.

She was one of two people killed when a vehicle crashed into a wedding from a shared driveway between two homes in West Vancouver on Aug. 20, 2022, with many others badly injured.

The family says their anguish has been exacerbated by B.C.香蕉视频直播檚 no-fault insurance system, which not only limited the Kongs香蕉视频直播 lump-sum compensation in Annie香蕉视频直播檚 death but also restricted the family香蕉视频直播檚 rights to seek additional recourse through lawsuits.

The issue of no-fault insurance has drawn debate from the major parties ahead of this fall香蕉视频直播檚 provincial election, with the B.C. Conservatives promising exemptions to the rule that prevents families from suing for compensation in most cases, while the BC New Democrats say the change to no-faultbrought B.C.香蕉视频直播檚 public auto insurer 香蕉视频直播渂ack into the black香蕉视频直播 after years of deficits that were costing residents in higher premiums.

No-fault insurance at the Crown-owned Insurance Corporation of B.C. was introduced in May 2021 as a way to reduce rates, lower debt, limit legal costs and improve care for accident victims.

The NDP government said the move has worked, announcing in May that the financial improvement at ICBC means drivers will get an insurance rebate of $110 this year, while basic renewal rates will remain frozen until at least March 2026.

香蕉视频直播淯nder this model, a catastrophically injured person has access to care and recovery benefits, and doesn香蕉视频直播檛 have to wait years for a court settlement that may fall short of their care needs,香蕉视频直播 a written statement from ICBC said.

The insurance provider also said 香蕉视频直播渄rivers who cause crashes or drive dangerously are still held accountable香蕉视频直播 as 香蕉视频直播渢hey will continue to pay more for their insurance.香蕉视频直播

香蕉视频直播淚n the event that criminal charges are laid and a driver is convicted, victims and their families have the right to sue that driver in a civil claim for certain compensation,香蕉视频直播 ICBC said.

But lawyers say the system also prevents victims of auto accidents from suing the at-fault driver unless the case involves a criminal offence, and people disputing compensation can only go through the Civil Resolution Tribunal, an ombudsperson or a fairness officer within ICBC.

Trial Lawyers Association of B.C. president Michael Elliott said while insurance officials promised 香蕉视频直播減otentially serious consequences香蕉视频直播 for drivers convicted criminally in a case, it is 香蕉视频直播渕isleading香蕉视频直播 to present that as a proper opportunity for victims seeking recourse beyond no-fault insurance.

香蕉视频直播淲hat people didn香蕉视频直播檛 understand and now understand is that criminal convictions for driving offences are exceedingly rare,香蕉视频直播 Elliott said. 香蕉视频直播淢ost offences (plead) down 香蕉视频直播 (and) are categorized under the Motor Vehicle Act, not as a criminal offence, and so there are very few criminal convictions for driving offences in our province.香蕉视频直播

That was the case with the death of Kong, where Hong Xu of West Vancouver, B.C., is facing sentencing at North Vancouver Provincial court on Monday for driving a motor vehicle without due care and attention, a provincial Motor Vehicle Act offence that carries a minimum fine of $100.

Liong Kong, Annie Kong香蕉视频直播檚 husband, was at the wedding where his wife died and witnessed the crash.

香蕉视频直播淚 held her in my arms,香蕉视频直播 he said. 香蕉视频直播淪he bled to death while I was holding her.

香蕉视频直播淪o, one message that I would like the public to know is, when you get the refund of $100 a year (from ICBC), it is at the expense of the victims and victims香蕉视频直播 families,香蕉视频直播 he said.

The Kongs said ICBC took almost no input from family members in determining a lump-sum compensation, described by Moy as barely covering what they had to deal with over the loss of a matriarch.

香蕉视频直播淲e get placed under this no-fault legislation, which essentially means that there is no accountability for this accident,香蕉视频直播 Moy said. 香蕉视频直播淎nd with that, we had to sit with an ICBC claims adjuster. They look up my mother香蕉视频直播檚 香蕉视频直播榣ife香蕉视频直播檚 worth香蕉视频直播 on a graph on a table, and because she is a homemaker with no financial trappings, no big CEO title to her name, it is then calculated out at a very nominal cost.

香蕉视频直播淲e are not seeking millions of dollars. Our story is, the families香蕉视频直播 rights and recourse 香蕉视频直播 due to this no-fault legislation 香蕉视频直播 has been completely stripped away from us. We are at the mercy of the Crown and the laws and ICBC for justice for our mother.香蕉视频直播

West Vancouver police said in August 2023 that 香蕉视频直播淐rown counsel made a determination on the appropriate charge given the evidence and circumstances of the incident.香蕉视频直播

The BC Prosecution Service said in a statement that Crown counsel 香蕉视频直播渆xercise their professional judgment and prosecutorial discretion香蕉视频直播 to determine what offences they can prove, as well as the public香蕉视频直播檚 interest in deciding whether a case is processed under the Motor Vehicle Act or as a criminal offence.

Nigel Kong said the explanation doesn香蕉视频直播檛 give his family comfort.

香蕉视频直播淢y mother was not the only one that died,香蕉视频直播 he said. 香蕉视频直播淪he and another died. Seven people were injured, some critically. It was at a wedding. And for some reason 香蕉视频直播 where I can香蕉视频直播檛 even begin to comprehend or equate 香蕉视频直播 is that it came down to a charge of careless driving.

香蕉视频直播淎gain, two dead, seven critically injured, this mass devastation, hysteria and chaos, and we came to essentially a ticket.香蕉视频直播

B.C. Conservatives Leader John Rustad said in a policy statement in December that 香蕉视频直播渧ictims who suffer life-altering injuries in motor vehicle accidents香蕉视频直播 should be exempt from the no-fault regime and be allowed to 香蕉视频直播減ursue fair and reasonable compensation in the British Columbia court system.香蕉视频直播

In May, the BC New Democrats issued a release criticizing Rustad香蕉视频直播檚 stance, noting changes, including no-fault insurance, allowed ICBC to reduce rates by 20 per cent in 2021 and then to freeze them for six years.

香蕉视频直播淚magine being against a rate freeze and a rebate for drivers at a time like this, when people need help with costs,香蕉视频直播 Public Safety Minister Mike Farnworth said in a tweet responding to Rustad on May 8.

Elliott, with the trial lawyers group, said his association is non-partisan but is strongly against the no-fault regime since it was brought in.

He said his group is seeing more cases from people injured in accidents seeking compensation but running into an ICBC system he called 香蕉视频直播渋ncredibly complex香蕉视频直播 without the help of lawyers.

香蕉视频直播淭he experience has been a disaster for any British Columbian injured in a motor vehicle accident in this province,香蕉视频直播 Elliott said. 香蕉视频直播淥ur organization fields dozens, if not hundreds of calls every month from people who are being mistreated by ICBC, only now under no-fault insurance they have no recourse to find fair justice or fair compensation for their injuries.香蕉视频直播

Liong Kong said his wife香蕉视频直播檚 death has drained the colour from his life.

香蕉视频直播淲hen I talk to friends or other people who have reached out to me from other countries, they said, 香蕉视频直播榃hat country are you living in, to have this kind of law that you have no legal redress, you can香蕉视频直播檛 voice out anything at all, and your life is fixed according to a schedule? What kind of law is that?香蕉视频直播澫憬妒悠抵辈





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