Regina man wants government to change SGI legislation following head-on collision

A Regina man wants the government to change SGI legislation in order to receive pain and suffering compensation after he was seriously injured in a two-vehicle crash nearly four years ago.

Chad Ritsco, along with his son and friend, survived a head-on collision on a highway near Melville in October 2018. However, he said, the other driver did not make it.

Ritsco’s son, who was eight years old at the time, suffered a serious brain injury. He still struggles with balance and hand-eye coordination, he said.

Ritsco, 43, suffered a broken vertebra in his neck. He broke his sternum, dislocated his right elbow and shattered the bones in his right foot into approximately 200 pieces.

“I was an active person and in good shape, and now I can barely keep the house clean,” he said.

“I’ve lost probably 50 per cent range of motion in my arm. I can’t even pick up a coffee cup without it being excruciating sometimes.”

Ritsco said the RCMP investigation concluded the other driver intentionally caused the crash.

The RCMP could not confirm those details with CTV News.

Before the crash, Ritsco was an electrician. He has not worked since, and requires painkillers to walk.

He said his doctor told him he would likely never work as an electrician again.

Ritsco collects income replacement through SGI, but it is less than what he was making prior to the crash, he said. He is working with the insurance agency to top up the compensation through economic loss benefits.

However, he wants the ability to sue for pain and suffering compensation.

“(SGI is) giving people a rebate for registered vehicles, but they are not taking care of the people that are injured on their watch,” Ritsco said.

Most people are covered under no-fault insurance, including Ritsco.

SGI’s no-fault insurance covers the majority of expenses if a person is injured in a crash—including rehabilitation, medical and travel expenses, living assistance and death benefits—regardless of who is responsible for the collision.

There are limited situations where the injured person has the right to sue since no-fault injury benefits are provided regardless of fault or collision circumstances, according to SGI.

A person can sue the other driver for pain and suffering compensation up to $200,000 if the at-fault driver was impaired, criminally negligent or intentionally caused the collision. The at-fault driver must be found guilty in court.

“There is an ability to sue when the other driver caused the injuries through an intentional act, but that requires a conviction through the courts, which is not possible when the driver dies,” said SGI spokesperson Tyler McMurchy.

McMurchy said SGI is aware of Ritsco’s situation but would not comment on this specific case. He added “this type of situation is very sad and very rare.”

Ritsco has heard from a number of people facing similar issues with SGI, he said. He wants the government to change the legislation to allow people in his situation to sue for pain and suffering compensation regardless of a conviction.

In a statement, the minister’s office responsible for SGI said “no-fault injury programs remove the ability to sue for pain and suffering and instead re-direct the money that would have been paid in those settlements to provide much more comprehensive benefits.”

The minster’s office added introducing limited circumstances to sue was intended as a “deterrent for impaired drivers or for drivers who would intentionally cause harm to others.”

Ritsco feels like the government is brushing his concerns aside.

"It doesn’t make sense to me. It’s not a deterrent for anybody that’s trying to harm themselves or others,” he said.

The minister’s office said it is not looking into changing legislation as doing so would either increase insurance costs or result in fewer benefits available for everyone.

The statement added there are benefits that help address pain and suffering under the no-fault coverage that people do not have to sue for, including psychological rehabilitation.