John Bird has been stuck on an insurance limbo for a year and a half after crashing his motorbike. Bird was in “transition” between living in Alberta and relocating to British Columbia when he was struck by an unsecured kayak thrown from the back of a passing truck. The impact sent him flying, breaking his neck in two places and laying him flat on his back for eight weeks as he recovered. The Malakwa resident said he had only been in BC for a few weeks and his motorcycle was still insured in Alberta when he went for a ride to enjoy a nice summer day. He decided to go to Nakusp and the incident happened south of Revelstoke on Highway 23. “A pickup truck came out to pass me — in a steady line — and was running out of the room. There was another truck coming the other way,” Bird recalled. “He pulled too close in front of me.” And, as the driver did so, the two kayaks in the back of the box were thrown out. “One hit me in the … Next thing I know, I wake up and a highway worker was standing over me and I was in a tangle of trees.” The bird was thrown into the ditch by the impact. “What happened just now?” asked. First responders had to use a chainsaw to get him out and he was rushed by ambulance to Revelstoke. When X-rays revealed his broken neck, he was taken to Royal Inland Hospital in Kamloops. Bird also suffered massive bruising and a dislocated knee. “It’s taken a year and a half to get back on my feet,” he says. But that’s only half of his problems. Since the crash was not his fault, Byrd assumed that the truck driver’s liability insurance would cover his damages. But BC’s new “no-fault” insurance system denied his claim because the bike was still plated in Alberta. “How is that possible?” Bird asked. “To date, I have not received a dime from ICBC.” The truck driver was given a $173 ticket for having an uninsured load and drove off. “Why do we even have liability insurance? Isn’t that what it’s for?” says Bird. He is waging a publicity war to draw attention to what he says is an unfair system. He understands the province has tried to control rising legal costs, but says legally injured parties could have “no case” if they are out of province. “ICBC closed their file…the other driver didn’t even come to see if I was okay. He just picked up his kayaks and left. “I have no recourse. I can’t hire a lawyer because they’ve been shut out of the system through no fault of their own.” He says he has “no way” to take on a giant like ICBC in a civil claim. “To them, I’m just a whiny guy.” “It makes a mockery of the entire insurance industry,” he says. Bird, who is 62, says doctors have signed off on his long-term disability, but he is no longer the fit, mobile specimen he was. Standing for too long is too much for him. His Alberta insurer has provided “a few dollars,” but Bird says it doesn’t cover much. “People don’t know what can happen to them if they get into an accident,” he says. Bird has to take morphine daily to deal with his pain and can barely raise his arms above his head. His insurer in Alberta wants him to see health care doctors in that province, but he no longer lives in the province and can’t afford the trip anyway. “I’m pretty much on my own,” he said. Bird has until next June to consider seeking compensation through B.C.’s Civil Resolution Tribunal, but admits the maze of steps he must take is daunting. “The worst part is that all of this was preventable,” he says. ICBC’s Enhanced Care system came into effect in May 2021. In an accident, regardless of fault, both parties are entitled to the same benefit plan, and claimants can only sue the at-fault driver if they are convicted of a criminal offense, such as impaired driving.
