The owner of a vehicle called a “collectible” has won thousands of dollars in damages – but not as much as hoped for – after the car was damaged by a Victoria moving company.
Robert Alexander Reimer told the B.C. Civil Resolution Tribunal that Victoria movers Strongman Delivery Inc. damaged his 1997 BMW 328i car. He was seeking reimbursement for car repairs equal to $4,936.67.
Strongman agreed that its driver damaged the parked car by backing into it, said the CRT decision, but it said Reimer’s claim was out of time. It also argued alternatively that its liability should be limited to $2,562.94.
“It says this was the car’s actual cash value at the time it was damaged,” read the CRT decision.
ICBC issued a decision about how much Reimer was owed.
“(ICBC) said the car’s estimated pre-accident value was $2,562.94, inclusive of tax,” said the CRT decision. “The representative said the car was a write-off and not worth repairing. Mr. Reimer disagreed. A May 12, 2021 final invoice and receipt show he ultimately paid $4,936.67 to repair the car. This equals the claim amount.”
The CRT said Reimer did file his claim in time.
“I find that Strongman owed Mr. Reimer a duty of care to drive carefully and avoid hitting his parked car,” said the CRT decision. “I find Strongman breached the standard of care. This is because Strongman did not say the collision was unavoidable or deny fault for causing it. The main issue the parties disagree on is damages.”
The dispute mainly concerned the appraised value, as both parties had very different estimates. Reimer disagreed with ICBC that the car was a write-off and had no value.
“The May 2023 estimate said that the car’s condition was 5 out of 5,” said the CRT decision. “It said it had a history of enthusiast owners that cared for the car beyond normal maintenance. It also said the car was ‘sought after by enthusiast BMW fans and collectors.’”
The CRT said the difference in the estimates was “considerable” and both had strengths and weaknesses.
“I find that treating the car as a write-off did not truly reflect its value,” said the CRT decision. “Instead, I find the cost of repairs reflected Mr. Reimer’s loss more accurately. I also find that both estimates show that the repairs were within a reasonable amount of the market value.”
In the end, the CRT ruled in favour of Reimer and ordered Strongman to pay him a total of $5,583.82.
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