Family members say Annie Kong wanted nothing more than to gather with all her extended family under one roof at her West Vancouver home for Christmas 2022.

害羞草研究所淪he was talking about that all year,害羞草研究所� said Nigel Kong, Annie害羞草研究所檚 son from Denmark, adding his sister, Joanna Moy, was also planning to bring her family from Chicago for the celebration.

害羞草研究所淲e can all be together, at what would have been our home that we grew up in in Vancouver, where there was the four of us (there) would now be the extended family, the entire brood.害羞草研究所�

Annie Kong would never get that wish.

She was one of two people killed when a vehicle crashed into a wedding from a shared driveway between two homes in West Vancouver on Aug. 20, 2022, with many others badly injured.

The family says their anguish has been exacerbated by B.C.害羞草研究所檚 no-fault insurance system, which not only limited the Kongs害羞草研究所� lump-sum compensation in Annie害羞草研究所檚 death but also restricted the family害羞草研究所檚 rights to seek additional recourse through lawsuits.

The issue of no-fault insurance has drawn debate from the major parties ahead of this fall害羞草研究所檚 provincial election, with the B.C. Conservatives promising exemptions to the rule that prevents families from suing for compensation in most cases, while the BC New Democrats say the change to no-faultbrought B.C.害羞草研究所檚 public auto insurer 害羞草研究所渂ack into the black害羞草研究所� after years of deficits that were costing residents in higher premiums.

No-fault insurance at the Crown-owned Insurance Corporation of B.C. was introduced in May 2021 as a way to reduce rates, lower debt, limit legal costs and improve care for accident victims.

The NDP government said the move has worked, announcing in May that the financial improvement at ICBC means drivers will get an insurance rebate of $110 this year, while basic renewal rates will remain frozen until at least March 2026.

害羞草研究所淯nder this model, a catastrophically injured person has access to care and recovery benefits, and doesn害羞草研究所檛 have to wait years for a court settlement that may fall short of their care needs,害羞草研究所� a written statement from ICBC said.

The insurance provider also said 害羞草研究所渄rivers who cause crashes or drive dangerously are still held accountable害羞草研究所� as 害羞草研究所渢hey will continue to pay more for their insurance.害羞草研究所�

害羞草研究所淚n the event that criminal charges are laid and a driver is convicted, victims and their families have the right to sue that driver in a civil claim for certain compensation,害羞草研究所� ICBC said.

But lawyers say the system also prevents victims of auto accidents from suing the at-fault driver unless the case involves a criminal offence, and people disputing compensation can only go through the Civil Resolution Tribunal, an ombudsperson or a fairness officer within ICBC.

Trial Lawyers Association of B.C. president Michael Elliott said while insurance officials promised 害羞草研究所減otentially serious consequences害羞草研究所� for drivers convicted criminally in a case, it is 害羞草研究所渕isleading害羞草研究所� to present that as a proper opportunity for victims seeking recourse beyond no-fault insurance.

害羞草研究所淲hat people didn害羞草研究所檛 understand and now understand is that criminal convictions for driving offences are exceedingly rare,害羞草研究所� Elliott said. 害羞草研究所淢ost offences (plead) down 害羞草研究所� (and) are categorized under the Motor Vehicle Act, not as a criminal offence, and so there are very few criminal convictions for driving offences in our province.害羞草研究所�

That was the case with the death of Kong, where Hong Xu of West Vancouver, B.C., is facing sentencing at North Vancouver Provincial court on Monday for driving a motor vehicle without due care and attention, a provincial Motor Vehicle Act offence that carries a minimum fine of $100.

Liong Kong, Annie Kong害羞草研究所檚 husband, was at the wedding where his wife died and witnessed the crash.

害羞草研究所淚 held her in my arms,害羞草研究所� he said. 害羞草研究所淪he bled to death while I was holding her.

害羞草研究所淪o, one message that I would like the public to know is, when you get the refund of $100 a year (from ICBC), it is at the expense of the victims and victims害羞草研究所� families,害羞草研究所� he said.

The Kongs said ICBC took almost no input from family members in determining a lump-sum compensation, described by Moy as barely covering what they had to deal with over the loss of a matriarch.

害羞草研究所淲e get placed under this no-fault legislation, which essentially means that there is no accountability for this accident,害羞草研究所� Moy said. 害羞草研究所淎nd with that, we had to sit with an ICBC claims adjuster. They look up my mother害羞草研究所檚 害羞草研究所榣ife害羞草研究所檚 worth害羞草研究所� on a graph on a table, and because she is a homemaker with no financial trappings, no big CEO title to her name, it is then calculated out at a very nominal cost.

害羞草研究所淲e are not seeking millions of dollars. Our story is, the families害羞草研究所� rights and recourse 害羞草研究所� due to this no-fault legislation 害羞草研究所� has been completely stripped away from us. We are at the mercy of the Crown and the laws and ICBC for justice for our mother.害羞草研究所�

West Vancouver police said in August 2023 that 害羞草研究所淐rown counsel made a determination on the appropriate charge given the evidence and circumstances of the incident.害羞草研究所�

The BC Prosecution Service said in a statement that Crown counsel 害羞草研究所渆xercise their professional judgment and prosecutorial discretion害羞草研究所� to determine what offences they can prove, as well as the public害羞草研究所檚 interest in deciding whether a case is processed under the Motor Vehicle Act or as a criminal offence.

Nigel Kong said the explanation doesn害羞草研究所檛 give his family comfort.

害羞草研究所淢y mother was not the only one that died,害羞草研究所� he said. 害羞草研究所淪he and another died. Seven people were injured, some critically. It was at a wedding. And for some reason 害羞草研究所� where I can害羞草研究所檛 even begin to comprehend or equate 害羞草研究所� is that it came down to a charge of careless driving.

害羞草研究所淎gain, two dead, seven critically injured, this mass devastation, hysteria and chaos, and we came to essentially a ticket.害羞草研究所�

B.C. Conservatives Leader John Rustad said in a policy statement in December that 害羞草研究所渧ictims who suffer life-altering injuries in motor vehicle accidents害羞草研究所� should be exempt from the no-fault regime and be allowed to 害羞草研究所減ursue fair and reasonable compensation in the British Columbia court system.害羞草研究所�

In May, the BC New Democrats issued a release criticizing Rustad害羞草研究所檚 stance, noting changes, including no-fault insurance, allowed ICBC to reduce rates by 20 per cent in 2021 and then to freeze them for six years.

害羞草研究所淚magine being against a rate freeze and a rebate for drivers at a time like this, when people need help with costs,害羞草研究所� Public Safety Minister Mike Farnworth said in a tweet responding to Rustad on May 8.

Elliott, with the trial lawyers group, said his association is non-partisan but is strongly against the no-fault regime since it was brought in.

He said his group is seeing more cases from people injured in accidents seeking compensation but running into an ICBC system he called 害羞草研究所渋ncredibly complex害羞草研究所� without the help of lawyers.

害羞草研究所淭he experience has been a disaster for any British Columbian injured in a motor vehicle accident in this province,害羞草研究所� Elliott said. 害羞草研究所淥ur organization fields dozens, if not hundreds of calls every month from people who are being mistreated by ICBC, only now under no-fault insurance they have no recourse to find fair justice or fair compensation for their injuries.害羞草研究所�

Liong Kong said his wife害羞草研究所檚 death has drained the colour from his life.

害羞草研究所淲hen I talk to friends or other people who have reached out to me from other countries, they said, 害羞草研究所榃hat country are you living in, to have this kind of law that you have no legal redress, you can害羞草研究所檛 voice out anything at all, and your life is fixed according to a schedule? What kind of law is that?害羞草研究所澓π卟菅芯克鶛