Gibsons' Leeza Singleton says the Insurance Corporation of B.C. (ICBC) is not negotiating with her and she is contemplating suing them after being told she must pay $42,000 or lose her licence, all due to an accident she didn't cause.
The mother of two was involved in a rear-end collision in 2005 when she was hit from behind by another driver while waiting at the stop sign at the bottom of School Road hill.
Singleton suffered whiplash and has ongoing neurological and muscle pain attributed to the accident.
She says that after seven weeks without hearing from ICBC as to when they would pay for her mounting medical bills, she hired a lawyer.
"It was at least over seven weeks when I had called the head office [of ICBC] to complain. The guy I talked to said 'I'm not telling you this, but you better get yourself a lawyer,'" Singleton recalled.
That lawyer represented Singleton in court while ICBC represented the driver who rear-ended her. ICBC's lawyers won the case and the subsequent appeal as Singleton's lawyer was not able to prove the other driver's guilt.
"The onus of proof was put on him and he didn't do his job. That's it. It wasn't that she didn't hit me. She hit me. She smoked me from behind," Singleton said.
As a result of the loss in court, she was ordered to pay the other driver's court costs, which amounted to $42,000.
The decision came in last December and Singleton said she left her lawyer to deal with negotiating the payment with ICBC.
In May, Singleton went in to ICBC to change her address, and it was then she found out that if she did not pay the $42,000 by the time she had to renew her licence in October, ICBC would take her licence away.
The Crown corporation can also seize Singleton's vehicle plates, cancel her insurance, perform credit checks, refer her account to a collection agency or take legal action against her.
After finding out about the looming deadline and not feeling satisfied with her lawyer, she took her case to the public through the media and started trying to contact Solicitor General Shirley Bond for some help.
"Time's past, they're [ICBC] still not negotiating and I'm not getting any response from anyone," Singleton said. "Time is ticking away here for me."
She is concerned about the potential loss of her licence as she lives in a remote area far from bus service and says she has no way to pay the $42,000 fee.
"We have less than nothing. I haven't worked since this happened we put a second mortgage on this property," Singleton said, noting her husband has not been able to find work locally, stretching the family's finances thin.
Singleton's story has gained a lot of attention, and recently a lawyer who is known for taking on ICBC in court has offered to represent her.
"On Friday night [Aug. 19] he said he would represent me for free in a suit against ICBC for bad faith and that he feels what they're doing with my case is to terrorize other people into paying their debt," Singleton said.
But she is waiting a little longer before she decides to go that route. She wants to see if pressure from local MLA Nicholas Simons will make a difference first.
Simons plans to send a letter to Bond, who may be able to step in on Singleton's behalf.
"I don't know what possible solution there is, but by writing to the Solicitor General we might be able to find one," Simons said. "I can't change the rules, but at the same time, if this situation uncovers something that's inherently unfair in the system, we're going to have to fight for some systemic change even if we can't affect the outcome of this particular case, which is still my goal."
ICBC media relations manager Mark Jan Vrem said ICBC is willing to work with Singleton, even though she recently received a letter from ICBC saying she must pay the $42,000 in full immediately or legal action may be taken against her.
"Ms. Singleton got the generic system letter that goes out when account services requests a credit report and does not necessarily mean that legal action will happen," he said. "The credit report would be part of the information account services needs to determine/verify Singleton's financial situation and an acceptable payment arrangement.
"Debt is always due in full immediately. Notwithstanding that, if a customer is not able to pay the full amount, ICBC may consider authorizing a driver licence or insurance if an acceptable payment arrangement can be made."
