B.C. man left seeing pink in car crash denied compensation under no-fault insurance
Richard Broad was struck in a rear-end collision in November 2021.
As a result of the collision, Broad suffered a posterior vitreous detachment in his left eye, something that has permanently changed the way he sees the world.
'Now I've got this permanent pink haze and a … pink dot,' he told Global News.
Broad, who works as an artist, said the injury has resulted in significant income loss, and under B.C.'s 'enhanced care' insurance model, he is not entitled to sue the at-fault driver.
In reviewing Broad's case, ICBC used a formula to determine Broad's 'permanent impairment rating,' which the public insurer calculated to be zero.
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The formula calculates a percentage rating based on how well a person can see from a distance along with how many degrees of vision field they lost and whether or not there is double vision. ICBC then multiplies the resulting eye efficiency rating by $167,465 to determine due compensation.
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For Broad, the result was $0.
2:16
Widow upset with ICBC 'no fault' settlement for deadly crash
Broad appealed the case to British Columbia's Civil Resolution Tribunal (CRT), but the body ruled in ICBC's favour.
'I thought it was BS, to be honest with you. I was not happy about it,' Broad said.
'It's not what I expected because the whole time after they said they agreed with me, there would be some kind of resolution, that I'd be getting a benefit of some sort.'
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In its decision, the CRT ruled that it believed Broad suffered permanent impairment as a result of the collision, but that the impairment did not entitle him to compensation.
'It is a very unique condition with very unique impacts to his ability to do things,' ICBC chief enhanced care officer Perry Straus told Global News.
'We think this is an opportunity … for us at ICBC to look at opportunities where we can make improvements.'
Broad agrees that the policy needs to be changed.
'It is not fair to people who get injured who don't fall into their mathematical calculation,' he said, adding he is prepared to take the case all the way to the B.C. Supreme Court.
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