Proposed ICBC change would leave distracted drivers on the hook for crash costs

The province has asked the Insurance Corporation of B.C. to investigate the possibility of making distracted drivers responsible for several significant costs if they're found to beat fault in a crash, CBC News has learned.

The change would void parts of distracted drivers' insurance coverageina collision, meaningthey would have to pay for their own auto repairs, medical expenses, and the settlements from any resulting lawsuits all of which ICBCcurrently pays for.

B.C.Attorney GeneralDavidEbyhas directed ICBC to look into the change, and saysit'spart of both a crackdown on distracted drivingand a financial restructuring of the auto insurer.

Eby says statisticshe's received show distracted driving is as bad a problem as drunkdriving and in some cases it's worse so they should be treated the samewhen it comes to insurance.

The potential savings would be a boon to ICBC, which Ebydescribed in early2018 as a "financial dumpster fire," with losses forecast at $1.3 billion dollars in the fiscal year 2017.

A report issued by ICBC in late 2017 called distracted driving "a major reason for the increase in claims costs," though the insurer said in a statement that itsclaim database does not track causes.

Complex enforcement

Former B.C. public servant RichardMcCandless, who has written several papers on ICBC's finances,agrees withclamping down on distracted driving. Buthe says thepotential change raises a lot of questions around enforcement.

"There's a lot of subjectivity that comes into [determining whethersomeone is driving distracted].With impaired driving you blow [into a breathalyzer] and you get the reading it's much more cut and dry."

Shifting expenses

He also sees a problem inthe legal expenses ICBC could take on.

There's going to be a major incentive [for at-fault distracted drivers] to seek legal opinion and dispute [their loss of coverage]in the courts, which is contrary to what the government is trying to do withreducing the current dependence on lawyers in the system."

Ebysaid if ICBC'sresearch into the change determines it is a desirable option, itcould be in place within the year.