Victoria lawyer Tim Schober was cycling to work on a sunny August morning in 2021 when he was struck by a vehicle illegally exiting the Pat Bay Highway.
The B.C. NDP, which called ICBC a “financial dumpster fire” in 2018 due to its $1.3-billion deficit, introduced no-fault insurance in part to divert billions of dollars then going into legal fees, pain and suffering and injury claims, into improved benefits, treatment and compensation, as well as lower basic rates and rebates for policy holders.
Schober, a business lawyer with Pearlman Lindholm, said he was in great physical condition before the collision. Schober can’t be compensated more than the after-tax amount on $90,000 in annual wages, since income-replacement support is only available for up to 90 per cent of net income, based on a maximum gross income of up to $113,000. Schober is trying to do some legal work in between therapy sessions but says 75 cents will be taken back on every dollar he earns.
“Under the new system, you’re not allowed to go to court at all,” said Schober, adding he’s luckier than some. The evening care aide must take care to ensure there’s not a wrinkle in his bed sheet and that pillows prop up his body in such a way that over eight hours of immobility, bed sores don’t form. There’s a colostomy bag to deal with and a breathing machine at night to ease his diminished lung capacity.
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