Pedestrian struck by SUV worried ICBC claim won’t be enough to replace his livelihood

Joshua Day says he’s lucky to be alive after a vehicle struck him on Friday.

He says he had the right of way at a crosswalk at the intersection of Boyd and Howes Streets in New Westminster’s Queensborough neighbourhood when he was hit by an SUV.

The accident was caught on dash cam footage, which was later sent to him by strangers after Kimberley Weaver, his fiancé, appealed to social media for help.

“It clearly shows that Josh had the right of way, and this guy comes out and just gets him,” Weaver said.

Day says he suffered many injuries and was rushed to Royal Columbian Hospital.

“I feel very broken right now,” he said. “Very terrified right now.”

Now he is worried about how this will affect his livelihood as a plumber.

“I will be missing out on work; (Weaver) is going to be taking care of me,” he said. “We are going to be screwed, because I’m the breadwinner and she is out of work for the most part, and this is terrifying. I need to be able to lift things — up to 100 pounds — consistently”

The couple is still waiting to hear back from the police and ICBC.

Criminal defence lawyer Kyla Lee says there aren’t a lot of legal options for pedestrians who have been struck by a car.

“In B.C., pedestrians who have been hit by a vehicle don’t have the right to sue,” Lee said.

“There is one exception to this, and that is if the driver is charged with a criminal offence.”

In an email, ICBC tells CityNews they aren’t able to comment on this specific crash, but it says pedestrians who are involved in a moving vehicle accident are covered by ‘Enhanced Care’ coverage, which entitles the pedestrian to receive the care and recovery benefits they need, no matter who is at fault. This may include income replacement benefits, which can replace lost wages up to 90 per cent of your typical earnings, based on a maximum amount of just over $100,000 in annual gross income.

But Lee says not all injury claims are covered by ICBC.

“ICBC will determine, with the help of the expert evidence generated by medical records — and from doctors, and from independent evaluations — to determine whether or not the injuries the person is claiming were in fact caused by the collision,” she said.

“In lots of cases, someone might have a pre-existing condition, and that could be worsened by the crash. ICBC may make an exception, but if ICBC determines it wasn’t worsened … they could deny coverage.”

On the same social media post where Weaver got the videos, many people are commenting on their experiences with ICBC, and several are frustrated by what they feel are insufficient payouts for serious injuries as a result of no-fault insurance.

Regardless of the compensation they receive, the couple has this message for drivers:

“Pay attention. You are not better than pedestrians.”

Weaver said the situation could have been even worse and they are extremely lucky Day wasn’t killed.

“There was also a lady with a baby stroller, … something’s got to change, whether it is longer walk signals or holding people to be more accountable,” she said.