CALGARY — In the winter of 2023, Todd Berg and his wife, Michelle Berg, were driving on a BC highway when an oncoming driver lost control, blocking both lanes and causing them to crash into the vehicle.This would only be the first incident in a long journey dealing with the aftermath of a no-fault BC system without any accountability, which, as Todd tells the Western Standard "benefits poor driving."While traveling to their vacation home in BC, "There was a oncoming car that lost control, and they blocked the inner block the road, and we ran into them, T-boned them, going about 100 kilometers an hour," Todd remembers.The crash occurred on Hwy. 1, near Golden, on December 26, 2023."The car [of the at-fault driver] was insured in British Columbia," Todd said. ."It was a new driver two months into the country — with improper tires.""Everything was wrong with this vehicle, and I know this because when we went back to BC in May following the accident, which was on Boxing Day 2023, we got a speeding ticket and stopped by the same policeman who actually took my statement at the scene.""He informed me of all the things about the whole incident that happened with the other driver," Todd stated.As for the injuries Todd and Michelle suffered, Michelle had to be airlifted to the Foothills hospital in Calgary.She had internal bleeding and had a portion of her small intestine ripped out in the collision..Two years after the fact, Michelle is still recovering.She has a long-term disability and attends multiple assessments at the request of her insurer, for orthopedics, psychiatric and kinesiology. Todd had a fractured spine, was flown to the same hospital as his wife, and now still has a disability, which affects his ability to work as a chiropractor.As for how their insurance covered them, it was limited due to the crash occurring in BC, where the auto insurance system falls under a regulated Enhanced Care system..This echoes the Care-First system that will be introduced in Alberta — under both regulated systems, the only way to sue an at-fault driver for causing injury or fatality for compensation is if the driver is convicted of criminal violation.Since the other driver died from the crash, there was no way to sue."I'm a chiropractor of 34 years, so I understand the ins and outs of what happens with motor vehicle accidents," Todd stated. "I investigated it from that aspect, and was immediately told that there are no consequences for the driver, there's no ability to sue, and there's no ability to get any compensation for the injuries sustained."."So then I contacted another lawyer in BC, who said the same thing, and then I contacted a third lawyer who said the same thing, and at that point I had to find out, 'Okay, so what happens?'"What happened was, without being able to take any sort of legal action, they were only able to get a set amount from the BC government under the enhanced care system.For Michelle, after an occupational health assessment, according to the system, she could only get $1,200 a month.However, as Todd points out, "That $1,200 a month nowhere near covered anything, and didn't cover the whole total as to what we needed at the time because we had rented a bed for her.""She was unable to do basically anything for months."."It was totally inadequate as for what we could get."But it doesn't end there.Todd claimed, about a year or so after — following a reassessment, they reduced Michelle monthly amount to $620 for care, very odd indeed since, "in their benefit portfolio, they say you have up to $5,800 or $5,400 a month and in care and this and that — Well, yeah, sure you do, but you don't."Not to mention her income loss, which is, as Todd estimates, around $50,000 in the span of two years since she is no longer able to work..As for Todd, due to his spinal fracture, he is unable to work full-time — and as a consequence, this has cut his career short.He was a high-income earner, but the maximum he can now get in workers' compensation is $109K under Enhanced Care, which does not come close to his earnings.Even though Todd has a disability, he does not receive anything from his insurer because the maximum amount has already been used.As to why the Bergs cannot sue and get compensation through these means, Todd says there are two reasons:.One, the driver died due to the collision.Second, they would not be able to sue the driver regardless of the fatality, due to the road conditions."It's a winter road.""So they go, 'Well, it's just winter road conditions. It's slippery. He lost control. It's an accident.'""And that's the end of that, even though you have to have snow tires, which he did, but the policeman said the snow tires had no tread left on them.""You know, an inexperienced driver, who had never driven in the snow. All of these things. So, how do you prove anything after the fact?".The regulatory system could provide a way for drivers to experience unfortunate incidents like the Bergs' inability to sue.Instead, at-fault crash victims will not be able to go through the judicial system; rather, they will have to go through a government-approved tribunal.When asked about the Care-First system that echoes Enhanced Care in BC, Todd had this to say, "I am fully against it.""I'm fully against having anything where you are unable to recoup the costs that or get reimbursed for the damages that have been done to you."."It doesn't matter — an accident is an accident.""I have to have insurance — in my office, if somebody slips and falls and breaks their arm, well, it's an accident. ""Why am I at fault? You fell. My carpet looks good, you just fell.""But yet, I'm responsible.""Similarly, if you're in an auto accident — hey, you hit me, you're responsible.""There's compensation that needs to occur."."It [Care-First] will end up like the British Columbia system and I don't see it as being effective.""I don't see it as reducing any insurance premium rates.""And for $200 or $400 a year, that amount of money is not going to make a family get by, but if they get hit and they're unable to work, being unable to sue and recoup costs that will affect them a whole lot more than the $200 they may save in insurance," Todd concluded.
