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.

鈥淪he was talking about that all year,鈥� said Nigel Kong, Annie鈥檚 son from Denmark, adding his sister, Joanna Moy, was also planning to bring her family from Chicago for the celebration.

鈥淲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.鈥�

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.鈥檚 no-fault insurance system, which not only limited the Kongs鈥� lump-sum compensation in Annie鈥檚 death but also restricted the family鈥檚 rights to seek additional recourse through lawsuits.

The issue of no-fault insurance has drawn debate from the major parties ahead of this fall鈥檚 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.鈥檚 public auto insurer 鈥渂ack into the black鈥� 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.

鈥淯nder this model, a catastrophically injured person has access to care and recovery benefits, and doesn鈥檛 have to wait years for a court settlement that may fall short of their care needs,鈥� a written statement from ICBC said.

The insurance provider also said 鈥渄rivers who cause crashes or drive dangerously are still held accountable鈥� as 鈥渢hey will continue to pay more for their insurance.鈥�

鈥淚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,鈥� 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 鈥減otentially serious consequences鈥� for drivers convicted criminally in a case, it is 鈥渕isleading鈥� to present that as a proper opportunity for victims seeking recourse beyond no-fault insurance.

鈥淲hat people didn鈥檛 understand and now understand is that criminal convictions for driving offences are exceedingly rare,鈥� Elliott said. 鈥淢ost offences (plead) down 鈥� (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.鈥�

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鈥檚 husband, was at the wedding where his wife died and witnessed the crash.

鈥淚 held her in my arms,鈥� he said. 鈥淪he bled to death while I was holding her.

鈥淪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鈥� families,鈥� 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.

鈥淲e get placed under this no-fault legislation, which essentially means that there is no accountability for this accident,鈥� Moy said. 鈥淎nd with that, we had to sit with an ICBC claims adjuster. They look up my mother鈥檚 鈥榣ife鈥檚 worth鈥� 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.

鈥淲e are not seeking millions of dollars. Our story is, the families鈥� rights and recourse 鈥� due to this no-fault legislation 鈥� 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.鈥�

West Vancouver police said in August 2023 that 鈥淐rown counsel made a determination on the appropriate charge given the evidence and circumstances of the incident.鈥�

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

Nigel Kong said the explanation doesn鈥檛 give his family comfort.

鈥淢y mother was not the only one that died,鈥� he said. 鈥淪he and another died. Seven people were injured, some critically. It was at a wedding. And for some reason 鈥� where I can鈥檛 even begin to comprehend or equate 鈥� is that it came down to a charge of careless driving.

鈥淎gain, two dead, seven critically injured, this mass devastation, hysteria and chaos, and we came to essentially a ticket.鈥�

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

In May, the BC New Democrats issued a release criticizing Rustad鈥檚 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.

鈥淚magine being against a rate freeze and a rebate for drivers at a time like this, when people need help with costs,鈥� 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 鈥渋ncredibly complex鈥� without the help of lawyers.

鈥淭he experience has been a disaster for any British Columbian injured in a motor vehicle accident in this province,鈥� Elliott said. 鈥淥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.鈥�

Liong Kong said his wife鈥檚 death has drained the colour from his life.

鈥淲hen I talk to friends or other people who have reached out to me from other countries, they said, 鈥榃hat country are you living in, to have this kind of law that you have no legal redress, you can鈥檛 voice out anything at all, and your life is fixed according to a schedule? What kind of law is that?鈥濃��