Ruby Punzalan was on shift as an area manager at a North Vancouver A&W last March when a car in the drive-thru hit the restaurant. The impact splashed burning hot oil from the deep fryer all over her face and body.
“I almost died,” said Punzalan. “I spent three weeks in ICU with the life support and almost one month in burn recovery.”
On Tuesday, the man behind the wheel, 80-year-old George Collins, was charged with driving without due care and attention under the Motor Vehicle Act, which typically results in a fine and driving prohibition.
Lawyer Kyla Lee says the decision not to charge Collins criminally means Punzalan, who has lifelong injuries, has no legal recourse against the driver or ICBC.
“You only have the right to sue for injuries sustained in a motor vehicle accident if a person is charged with and convicted of a criminal offence. So even though a person may be charged with an offence under the Motor Vehicle Act, it doesn’t give rise to the right to bring about a lawsuit,” said Lee.
“It is unfair. I’m a victim and I didn’t want this to happen,” said Punzalan. “It is very disappointing.”
The 43-year-old from Surrey would have been able to sue under the old ICBC system, but the change to a no-fault model eliminated that option.
“It’s shameful that the government has prioritized saving ICBC money over properly compensating people, especially in situations like this where nobody would think that she doesn’t deserve the right to sue in court and the right to seek compensation for her injuries,” said Lee.
WorkSafeBC is currently paying 90 per cent of Punzalan’s A&W wages, but she doesn’t know how long that will continue. A successful lawsuit could have given her financial security.
“Just look at me right now. My life turned upside down,” said Punzalan, who is covered with scars from the burns that almost killed her. “I can’t even enjoy my life. At this point, I am a prisoner in my own house.”
Her message to the provincial government on the switch to no-fault insurance?
“I think they have to reconsider,” said Punzalan. “I think they have to change the law.”
