May 2009 news releases

ICBC news releases

ICBC CEO welcomes Commissioner’s audit — May 28
   [Commissioner to Audit Privacy in ICBC Court Proceedings]
   [Letter from the Office of the Information & Privacy Commissioner]
ICBC's top 10 excuses for why people speed — May 27
ICBC reports positive financial results — May 22
  [ICBC’s Statement of Operations for the three months ending March 31, 2009 ]
ICBC’s top five pedestrian safety tips for parents — May 20
ICBC CEO acknowledges mistake over disclosure of information; Company takes immediate action in response — May 19
ICBC's top safety tips for cyclists and other road users ahead of BC's Bike to Work Week, May 11-17 — May 6

Provincial Government news releases

Commissioner to Audit Privacy in ICBC Court Proceedings — May 28
The Province, ICBC and police remind drivers to slow down — May 14

ICBC CEO welcomes Commissioner’s audit

ICBC welcomes an audit into the privacy aspects of ICBC court proceedings involving jurors, to be undertaken by the Information and Privacy Commissioner.

We issued a statement last week regarding a recent court case in Victoria, where outside defence counsel representing ICBC contacted one of our employees who obtained claims histories of members of the jury. We said at that time that the disclosure of this information was completely inappropriate and a serious mistake. We also committed to thoroughly investigate the issue.

We regret that we have now uncovered two further incidents of inappropriate access to juror’s information – one occurring in 2000 and one in 2006. As soon as we confirmed these two cases, ICBC initiated discussions with government and requested an independent audit on this issue.

We have also undertaken a number of other actions:

1. We updated the Office of the Information and Privacy Commissioner.
2. We conducted thorough interviews with defence counsel involved.
3. We suspended allocation of further work to the lawyers, involved pending completion of our investigation into the specifics of these cases.
4. We are reassigning any upcoming jury trials assigned to the lawyers involved.
5. We are reviewing past jury trials in which these lawyers were involved and conducting interviews with all lawyers in the firms involved.
6. We are in the process of contacting the plaintiffs’ counsel and will keep them apprised of further developments.
7. We will notify jurors that can be identified through the file review.
8. We conducted interviews with the employees involved and will take appropriate action on completion of our investigation into the specifics of these cases.
9. We will make the Law Society of BC aware of these incidents once we have all the relevant facts.

We discovered these cases through a series of actions ICBC took last week and our investigation is ongoing:

1. We have already interviewed hundreds of employees who are involved in litigated claims and will continue with the remaining staff.
2. We have reviewed the claims files of all ICBC jury trials (a total of 66) from the beginning of 2008 and uncovered no evidence of inappropriate access to information.
3. We are interviewing lawyers involved in these trials on their practices with respect to jury information.
4. We are in the process of identifying ICBC jury trials from earlier years.

In a broader context, ICBC handles millions of transactions a year that involve customers’ information. To date we have encountered a few regrettable situations out of literally millions of transactions. That being said, one is too many.

We are the first to recognize that these incidents are absolutely wrong. ICBC has 5,000 dedicated and hardworking employees and we are all feeling a great deal of disappointment over this issue.

We welcome the audit and recommendations of the Information and Privacy Commissioner and will implement them in order to avoid this happening again.

Jon Schubert
President and CEO
ICBC

Media Contacts:
Mark Jan Vrem
(604) 982-2476
Adam Grossman
(604) 982-1332

ICBC’s top 10 excuses for why people speed

If you’re caught speeding, you’ll want to throw away your bag of excuses. Police have heard it all and are warning drivers excuses won’t get you out of a ticket at any time. We asked police across the province to share drivers’ top excuses for speeding:

1. I’m late for class/work/court. This age-old excuse won’t work, especially if you’re on your way to court! “My boss will fire me” or “My teacher will fail me” are lines that won’t work either. Be more realistic, plan your route and allow yourself extra time. There are many things that cause delays, such as traffic, construction, bad weather and, unfortunately, car crashes. If you’re going to be later than you expected – deal with it. Take a deep breath and accept the delay. Like they say, better late than never.
2. I didn’t know I was going that fast. Normally, your speedometer doesn’t lie! Though playing dumb with the police will definitely earn you points—that’s penalty points with a hefty fine. Remember to check your speedometer once in a while. And be sure to focus on the road. There are around 8,200 speed-related collisions in an average year in BC, which injure 5,500 people and kill 161 (2003-2007 police data). Unsafe speed is one of the most frequently cited contributing factors in police-reported car crashes. Slowing down reduces your risk of getting in a crash.
3. I didn’t know the speed limit. That’s like saying you didn’t know Canada was north of the U.S. border. The provincial and municipal governments ensure speed limits are clearly posted along highways and city roads. Under the Motor Vehicle Act, the basic speed limits are 80 km/h outside municipalities and 50 km/h within municipalities .
4. I was passing a dangerous/bad/slow driver. Driving like Bond or Bourne should be left to the pros in Hollywood blockbusters. Weaving in and out of traffic is one of the top five high-risk behaviours that cause car crashes. Give other drivers the benefit of the doubt and keep your distance.
5. My car doesn’t go that fast. Nice try! Unless you’re driving a low-speed vehicle like a moped or scooter, your car can go as fast as a swift (the bird not the Suzuki) which flies between 160 and 320 km/h. A Swedish study shows that dropping your speed by five per cent reduces your crash risk by 14 to 20 per cent.
6. I was just keeping up with traffic. Drivers aren’t like cattle in a herd—would you keep speeding if the cars in front were heading towards a brick wall? Sure, it’s important to keep up with the flow of traffic, but do so within the posted speed limit. If another driver is too close, safely move out of the way and let the vehicle pass. It’s better to do this than risk a crash or a speeding ticket.
7. I was only going 10 km/h over the speed limit and that’s OK. Actually, if you speed up to 20 km/h over the limit, you could get a $138 ticket. Also, the faster you go, the longer it takes to stop. At 30 km/h, it takes 18 metres to come to a full stop. At 80 km/h, it takes 76 metres. Think of what that looks like when trying to avoid a person, an animal or a large truck.
8. I have to go to the bathroom. Lame. This is something you likely learned from your mom and teachers over the years—“always use a washroom before you leave.” Plus, this excuse won’t hold up with the cops. There are plenty of gas stations and rest-stops along major roads and highways.
9. I was having an argument with my spouse and wasn’t paying attention. Sure, we all have arguments from time to time (Canucks game vs. Canadian Idol, playing golf vs. a visit to the in-laws…). But these are far better resolved outside a car. If you simply must resolve the debate, pull over and park. It’s safer. Plus, you’ll make it home in one piece after your mother-in-law’s sumptuous cedar plank salmon.
10. I’m sick and am going to the hospital/I’m about to give birth. Really? If you’re that sick or about to give birth in the driver’s seat, call an ambulance. You’re not trained to drive like an emergency medical technician, a police officer or a fire fighter, so stick with what you know and drive safe. Call a professional and get there safely.

Fines for speeding range from $138 to $483. As well, as of January 2009 , drivers who have one or more excessive speeding convictions will pay a Driver Risk Premium (DRP).

For more information and tips, visit http://www.icbc.com/road-safety/roadsafety-activities/safety-campaigns.

Media Contact:
Kim Thé
(604) 842-5023

ICBC reports positive financial results

Encouraging trends on claims counters negative economic effects

ICBC reported strong financial results for the first three months of 2009, despite the ongoing challenges posed by the economic downturn.

Net income for the first quarter of 2009 was $117 million, up from $102 million for the same period in 2008.

"We are pleased with our financial results given the tough economic times we are all experiencing," said Jon Schubert, ICBC's President and CEO. "In particular, the continuing decline in the number and cost of injury claims is good news for our customers. Good weather and improved claims-handling procedures have benefited our customers and had a positive impact on our net income."

Claims and related costs for the first quarter of 2009 were down to $735 million from $761 million for the same period in 2008. ICBC's customers continue to do their part to contribute towards this decline in claims costs and to keep rates low and stable by driving safely, while a moderation in the number of vehicles on the road has also played a role.

The impact of the economic downturn is evident at ICBC, resulting in lower premiums of $843 million from January to March, 2009, compared to $860 million from the first quarter of 2008. The slowdown in premiums written will likely have a greater impact on ICBC's financial results going forward throughout the year.

ICBC's investment income for the first quarter of 2009 was $123 million, relatively flat compared to the same period in 2008. The corporation's conservative and long-term investment strategy – with the majority of its portfolio invested in high-quality bonds – continues to position us well for the future.

ICBC also continues to be an industry leader with low operating costs, which are consistent with Q1 2008 despite the challenging economic times. Similar to previous years, approximately just four cents of every premium dollar will be used for administrative costs to operate its insurance business in 2009.

"Our strong performance in these tough times is benefiting our customers," said Schubert. "Our financial strength is allowing us to reduce optional rates for 2009 by an average of three percent effective October 1, 2009. Preliminary indications are that basic rates will remain the same for this year."

Media Contact:
Mark Jan Vrem
(604) 982-2476

ICBC’s top five pedestrian safety tips for parents

What your child needs to know about road safety ahead of Safe Kids Week

ICBC is marking Canada ’s annual Safe Kids Week (www.safekidscanada.ca), May 25-31, by helping parents teach their children about essential pedestrian road safety tips.

Walking is a great, environmentally-friendly and healthy way for your children to get around, but if they don’t follow the rules of the road it can also be very dangerous. There are approximately 100 incidents and 110 injuries involving child pedestrians each year in BC. This means that most incidents result in a child being injured.

Here are ICBC’s top five pedestrian safety tips for parents to share with their children:

No. 1 – Make it fun: Too often we preach to our kids – telling them what to do, when to do it and how to do it. Kids hate that, so make your road safety teaching fun while still treating it as a serious issue. Sparking their enthusiasm for road safety will help keep your children safe and encourage them to share all the things they learn with their classmates and friends. On your next walk through your neighbourhood, try a fun and interactive game by having your children point out all the traffic signs you see and ask if they know what they mean. You can also p ractice how to get to and from school safely with your child, and make it fun by also drawing the route with them. In addition, remember, even older children need to be reminded about road safety. Try rewarding them for following the steps to safely crossing an intersection or coming up with solutions to intersection safety hazards they notice.

No. 2 – Be a role model: Parents are the number one role models for any young child so make sure you set a perfect example for them when teaching them about pedestrian safety around roads. If you are not modelling the behaviour you want your kids to emulate, then don’t expect them to be safe around roads. If your child sees you jaywalking, they will think it is okay to do and will do the same thing. The most common road safety error made by kids is in not finding a safe place to cross. Make sure you teach you child to cross at safe intersections that have a pedestrian crossing light or a marked crosswalk whenever possible.

No. 3 – Focus on the basics: Kids will digest information about serious issues when it’s kept simple and relevant for them to understand. Therefore, begin your pedestrian safety lessons with the key basics that you learned as a kid, and which are still relevant today. A great example is how to properly cross at intersections:

• Stop: Before crossing, always stop at the curb. Make sure all vehicles have stopped.
• Look: Look left and right for oncoming vehicles. Then look again over your shoulders for vehicles that might be turning. Teach your kids to keep looking for approaching vehicles as they cross.
• Listen: Listen for approaching traffic that you can’t yet see.
• Make eye contact: Children must assume that drivers have not seen them whenever they are around roads. Even if the walk signal is on, teach your children to make eye contact with drivers before they cross.
• Walk: Teach your kids to never run when crossing a road.

No. 4 – Mark out safe areas: Focus on teaching your kids where to position themselves when they are around roads to ensure they are in as safe a position as possible. Children should always walk on the inside edge of a sidewalk – this way they are less exposed to traffic. If there isn’t the option of walking on a sidewalk, teach your kids to always walk facing oncoming traffic so they can see approaching vehicles and make eye contact with drivers.

No. 5 – Park it: Parking lots, or any areas where cars commonly park, require special attention. Vehicles can back up or move without warning and can do so quickly. Parking vehicles can be a complex manoeuvre too, and while drivers should always be looking out for pedestrians they can often be distracted when parking. In addition, it is often tough for drivers to spot pedestrians – especially small children – when they are walking around or between parked cars. When walking with your child, avoid any unnecessary shortcuts through parking lots.

ICBC provides free road safety materials to schools across BC. The materials are unique to each grade level and encourage road safety among students with fun and interactive activities. For information on ordering these materials and for more safety tips, go to icbc.com and click on ‘road safety’.

Media Contact:
Adam Grossman
604-982-1332

ICBC CEO acknowledges mistake over disclosure of information; Company takes immediate action in response

In a recent court case in Victoria, outside defence counsel representing ICBC contacted one of our employees and obtained claims histories of members of the jury.

The disclosure of this information was a mistake, and a serious one at that. But like most mistakes, it was also one that cannot now be undone. The disclosure was completely inappropriate and is far from an accepted practice at ICBC. The action taken was contrary to our corporate policy and Code of Ethics, as well as the guidelines manual that ICBC issues to all defence counsel. It also violated the Freedom of Information and Protection of Privacy Act.

We began dealing with this breach of confidentiality immediately:

• It was a mistake which we reported to the plaintiff’s counsel, judge and jury the morning after we discovered it.
• We terminated the contracted defence counsel on the matter before the court.
• We reported to the Office of the Information and Privacy Commissioner, which has opened a file on the matter.
• We apologized to the jury members and worked with the court and legal counsel to ensure the plaintiff’s claim was not impacted by our error.
• An all-staff message was issued, outlining the situation and reminding staff of the importance of protecting customer information.
• We conducted interviews with directors, managers and staff who handle bodily injury claims, which so far have uncovered no additional privacy breaches.
• The employee’s actions have been reviewed and while revealing specific action would itself be a violation of privacy, we can confirm that breaches of privacy are always treated as significant disciplinary offences.

In the time since we took these immediate actions, we have also begun several further proactive steps to thoroughly investigate this issue:

• We are checking with all staff who handle bodily injury claims on our usual practice regarding jury trials.
• We have already begun a full review of previous cases handled by the defence counsel in question.
• We are undertaking a review of past jury trials and will report on our findings.
• We will make the Law Society of BC aware of this incident.
• We will cooperate with the Information and Privacy Commissioner’s Office on its enquiries into this matter.

The responsibility of protecting the private information of our customers is something that ICBC takes very seriously.

To the very best of our knowledge, this was an isolated incident. And we have extreme regret that this situation occurred. All we can do now is take immediate and substantial steps to do our best to ensure that it does not happen again.

Jon Schubert
President and CEO
ICBC

Media Contact:
Adam Grossman
604-982-1332

ICBC's top safety tips for cyclists and other road users ahead of BC's Bike to Work Week, May 11-17 — May 6

As the warmer weather approaches, May is traditionally the start of cycling season around the province. This means more bicycles will be on the road and the need for cyclists - and other road users - to take extra caution.

May 11-17 also marks the annual Bike to Work Week in British Columbia, and this year's event comes at a time when more and more people are turning to their bikes as they begin to shift to more environmentally-conscious forms of transportation.

There are approximately 1,300 crashes and 1,400 injuries involving cyclists each year in BC – a number that has stayed consistent but it is still too high. We can all do our part to help make these numbers even lower – the following are ICBC's top five road safety tips for cyclists and top five tips for other roads users to consider:

TIPS FOR CYCLISTS

No. 1 - Brighten up: Bicycles can be hard for other road users to spot in the mix of busy traffic so cyclists need to be as visible as possible. Bright, reflective clothing is the best option for the rider, while the bicycle itself needs to have lights. If you ride at night, your bicycle must be equipped with a white headlight visible at 150 metres, and have a rear red light and a red rear reflector. Even if you are doing all of these things, never assume you have been seen by another vehicle.

No. 2 - Don't rush: Remember to stop and look in all directions before cycling out of an intersection, driveway or lane. The majority of all children's cycling crashes are caused by the child riding out onto a roadway without looking. Cyclists need to ensure they follow the rules of the road. Just like any other vehicle, you need to obey stop signs and other traffic control devices and enforcement.

No. 3 - Start at the top: While we're talking rules, remember to always wear an approved bicycle helmet that meets safety standards - it's the law in BC and you could be fined for not wearing one. Bike helmets alone could prevent up to 85 percent of serious injuries, which account for 80 percent of all bicycle-related deaths. Look for a helmet that is approved by a recognized body such as Snell. More important than who made the helmet is how it fits. It should be snug, but not uncomfortable, and should not be able to roll off of your head when the chin strap is secured.

No. 4 - Get well positioned: Position yourself so other road users can easily see you - don't weave in and out of traffic. Importantly, ensure you always avoid riding in blind spots of other road users. Cyclists should ride on the right side of the road and in single file.

No. 5 - Be defensive: While it is fine to ride in an assertive manner, cyclists need to think and look well ahead - remember, a conflict between a bicycle and a motor vehicle usually results in injury to the cyclist. Pay particular attention for vehicles turning at intersections, and slow down and take it easy on the curves.

TIPS FOR OTHER ROAD USERS

No. 1 - Keep your eyes peeled: As a road user, it is important that you always actively look for cyclists in traffic - especially in the spring and summer months when there are more of them on the road. Wherever possible, make eye contact with the cyclist to let them know you have seen him - a cyclist often relies on eye contact as a means of communication as they try to anticipate your next move. Make sure you understand all of the hand signals that cyclists use. Shoulder checking is also important, especially when making right-hand turns at intersections and before you open your door to get out of your vehicle.

No. 2 - Put things in perspective: It is often difficult to judge the correct distance between your spot on the road and a bicycle as it is approaching, particularly when turning left. Be extra cautious for cyclists, especially when turning at intersections. Before you pass another vehicle, make sure you check for oncoming cyclists and bicycles ahead of the vehicle you are passing.

No. 3 - Don't get close: Drivers need to pay attention and yield to people on bikes and, importantly, need to keep at least three seconds of following distance. Bicycle movements can be unpredictable so an increased distance will give you more time to safely react. A significant number of crashes involving cyclists result from side-sweeping, so make sure there is enough space if you want to pass a cyclist.

No. 4 - Keep out: Bicycle lanes are reserved for cyclists - do not drive, stop or park in a bicycle lane. Sometimes you will need to cross a bicycle lane to turn right, or to pull to the side of the road. When you need to do so, take extra care - be sure to signal well ahead and remember to always yield to cyclists.

No. 5 - Be considerate: Like pedestrians, cyclists are vulnerable road users and don't have the protection drivers have - both in terms of the shell of their vehicle and their seatbelt. Don't honk your horn at a cyclist unless you need to give them a warning. A loud honk could startle them or even cause them to fall.

Media Contact:
Adam Grossman
604-982-1332

Provincial Government News

	NEWS RELEASE
For Immediate Release May 14, 2009	Ref #: 2009-19
The Province, ICBC and police remind drivers to slow down Month-long campaign targets speeders and high-risk drivers As drivers head out for the May long weekend, the Province, ICBC and police are urging everyone to slow down and drive safely. The month-long campaign coincides with Canada’s Road Safety Week (May 12-18) and includes enhanced speed enforcement, volunteer Speed Watch deployments in high-crash locations, and advertising in communities across the province. Over the Victoria Day long weekend, there is an annual average of 80 speed-related collisions, 60 injuries and two deaths in B.C. (2003-2007 police data). “ER physicians see the tragic consequences of speeding on a first hand basis, all too frequently,” said Dr. Roy Purssell of the BC Medical Association’s Council on Health Promotion. “We know that speed kills. We also know simply staying within the speed limit and paying attention to driving conditions will reduce the number of car crashes and the number of tragic consequences.” In an average year in B.C., 8,200 speed-related collisions cause 5,500 injuries and 161 deaths (2003-2007 police data). This year, ICBC is investing $1.36 million for speed-related initiatives to reduce crashes, injuries and save lives, which means low and stable rates for customers. “Speeding is the cause of too many senseless deaths and injuries every year in B.C.,” said Superintendent Norm Gaumont, RCMP's “E” division traffic services. “The reason is simple –the faster you go, the longer it takes for you to stop. So slow down and enjoy your long weekend. The added bonus is you'll also avoid a ticket.” Fines for speeding range from $138 to $483. Drivers who have one or more excessive speeding convictions on or after January 1, 2008, also pay ICBC a Driver Risk Premium (DRP), which is separate from insurance premiums. In addition to fines, drivers who speed can also face a variety of sanctions, including driving prohibitions. Under B.C. street racing laws, a vehicle used to street race can also be impounded on the spot and the driver’s licence can be suspended immediately. Drivers who street race can also face charges under Canada’s Criminal Code and could have their vehicles forfeited and sold under civil forfeiture laws. Drivers are reminded of these tips: Plan ahead and be realistic about travel times. Allow extra time for possible delays that may occur, especially over the long weekend. Follow other vehicles at a safe distance. Allow at least two seconds of following distance in good weather and road conditions, and at least three seconds on high-speed roads or if you’re behind a motorcycle since it has a much shorter stopping distance. Slow down, especially on wet roads, in bad weather conditions or uneven roads. Always slow down in construction, playground and school zones and follow the posted speed limits. If a collision seems unavoidable, steer to the right. Head towards the least harmful option, preferably an object that will give way on impact, such as a bush. The most harmful option is a head-on crash, where the force of the impact is doubled. Set a good example for your children and other drivers by being courteous and safe on the road. For more information and tips, visit http://www.icbc.com/road-safety/roadsafety-activities/safety-campaigns. Media Contacts: Kim Thé Tel: (604) 842-5023