ICBC’s Workplace Culture: “Odious”, “Malicious” & “Vindictive” (Part 1)
Everyone in British Columbia knows the Insurance Corporation of British Columbia – ICBC. It’s the government-owned automobile insurer. We all have to use it for our auto insurance. Everyone in British Columbia has a story of their interactions with ICBC. What few people know is that ICBC has its own private police force, called the “Special Investigation Unit” – the SIU. These are special provincial constables, under the Police Act http://www.bclaws.ca/civix/document/id/complete/statreg/96367_01#section1. They have the same powers as regular police. In theory, ICBC uses SIU officers to investigate potential criminal acts related to car crashes.
In practice, the Supreme Court of BC found that ICBC has used SIU officers to intimidate insurance claimants and their lawyers. This is apparently a “workplace culture” with the intention to “intimidate people who might be injured” and for the “deterrence of civil claims for damages”.
Those findings come after the court heard the unfortunate story of the Danica and Gone (Gone, Eh) Arsenovski.
Danica and her husband Gone, came to Canada in September 1999 as refugees from Yugoslavia – a country then torn by civil war and genocide. Danica and Gone spoke almost no English. They were in their fifties.
On a dark rainy night, about three months after arriving in Canada, the Arsenovskis are walking home from about their third English class for new immigrants. Crossing at the crosswalk, with the “Walk” sign illuminated, Gone is hit by car, tossed up unto the hood, then to the road. His head is bruised and bleeding. Danica falls. No one knows if she was also struck by the car, was simply startled when her husband was hit and slipped on the wet road, or if her husband’s body was thrown into her and knocked her down. Her last memory was crossing the street, holding Gone’s hand. Her next memory was getting up from the ground and running to Gone, who was unresponsive on the road. Emergency vehicles attend and take both Arsenovskis to the hospital. None of the first responders or hospital staff speak Serbo-Croatian, so none of them can get a clear understanding of what happened. Gone is treated for various injuries, including a head injury. Danica is examined at the hospital and found to have contusions and a twisted ankle.
A few days later, a friend of the Arsenovskis tells them they had to report the crash to ICBC. The Arsenovskis, used to following rules after a life in totalitarian Yugoslavia, do not question this. They go to ICBC and file a report. A new friend goes with them. Although the friend is not fluent in Serbo-Croatian, she does her best to interpret for them. The adjuster types out notes, which are interpreted back to Danica by the friend. Danica signs the statement. The adjustor reports: “Danica has a large bruise on her left hip … swollen left ankle”. It appears the adjustor saw these injuries. ICBC chose not to call her as a witness at trial, so we will never know for sure.
ICBC almost immediately embarks on campaign of malicious conduct, intended to intimidate the Arsenovskis and their lawyer. Finally in 2016, the Supreme Court of BC issues a judgment exposing the conduct of ICBC and its employees.
See the next article to learn of ICBC’s “Odious”, “Malicious” & “Vindictive” conduct.