Conservative leader Lorne Doerkson says hybrid ICBC model would replace no-fault after releasing letter to legal groups

The Story

B.C. Conservative Leader Lorne Doerkson is facing backlash after a signed letter he sent on Sept. 29 to legal and insurance groups set out a plan to replace the province’s no-fault ICBC insurance scheme with a hybrid model.

In the letter, Doerkson wrote to the Canadian Bar Association’s B.C. branch, the Trial Lawyers Association of B.C., the Law Society of B.C. and the Insurance Bureau of Canada, saying, “We’ll replace the NDP’s no-fault ICBC insurance scheme with a hybrid system.” He added that the approach would “keep rates affordable for drivers and protect people seriously hurt by reckless drivers,” and he said other provinces “all run hybrid systems.”

The letter was released Tuesday, and Doerkson has not publicly promoted that position during the campaign, according to the criticism from New Democrats. NDP Leader David Eby said the plan amounted to a “secret deal” and argued it was “disgraceful” for a major party leader to make the commitment without telling voters.

When confronted with the letter Tuesday, Doerkson said the no-fault insurance system “has been very challenging for the residents of British Columbia on both sides,” and that “we absolutely have to contemplate this insurance model.” He also said, “There’s been no promises made by me at all,” while the criticism focused on the fact that the letter represented a written commitment to replace the no-fault scheme.

Doerkson’s letter said “everything’s on the table,” including “opening auto insurance to private competition to drive down auto insurance rates” and “bringing back sensible limits on minor-injury claims.”

New Democrats also pointed to how a hybrid system works in other jurisdictions. The criticism noted that Ontario runs both a no-fault accident benefit system and a tort system that allows lawsuits for damages within a private insurance framework, while Saskatchewan allows extra “tort coverage” on top of no-fault for an added right to sue.

In response to the controversy, the Conservatives said they will proceed with a hybrid model that restores the right to sue reckless drivers. In a statement issued Tuesday, the party said, “Everyone hurt in a crash will keep getting timely treatment and rehabilitation through no-fault benefits,” and that people “seriously or permanently injured by reckless drivers will also get back the right to seek fair compensation in an independent court, with safeguards against fraud and stronger independent review and appeal rights.”

NDP housing minister Mike Farnworth said insurance rates in hybrid systems in Alberta or Ontario are “considerably higher than B.C.,” and he said Doerkson’s actions were aimed at “sell[ing] out British Columbians” without telling the truth, calling the approach “disgraceful.”