The government’s “no fault” promise that victims can still sue “criminally convicted” motorists like drunk drivers is misleading.
In British Columbia, most collisions are caused by careless driving, not criminal conduct.
It is only in the rarest of circumstances that a motorist is charged and convicted for a criminal driving offense, most such charges are plead down to traffic offenses or discharged after good behavior.
Most importantly, even if the at-fault driver is criminally convicted with a driving offense, there is no insurance to pay the victim damages. Meaning, personal lawsuits against convicted wrongdoers would take years and costs tens of thousands of dollars in legal fees to prosecute. Worse, most judgments against personal defendants are “empty”, because wrongdoers simply declare bankruptcy or have no assets or money to pay any damages. The result in approximately 99% of cases is that the injured party is left with only no fault benefits.