We hear all the time about drivers getting nailed by ICBC and how the new “no-fault” system is screwing people out of compensation.
So I’m sharing a story in which ICBC went after a Victoria man after a snow plow damaged a park car – and got nailed for making a huge mistake.
It can be a terrible feeling when a behemoth like ICBC targets its vast resources on regular folks – you feel like you’re all alone.
This was the case with ICBC going to the BC Civil Resolution Tribunal to recover money it spent repairing a parked vehicle that was crushed by a snow plow.
I’m not going to name the person or company sued by ICBC because the CRT sided against the insurance provider so I don’t see why this person should be dragged through the slush (get it?).
ICBC wanted $2,000 it said it paid to repair a Victoria resident’s vehicle that was hit by a snow plow.
It blamed a Victoria and his company for the crash, but man being sued denied it was him or his snow plow that was responsible for the damage.
“ICBC filed video surveillance footage of the parking lot, from two different angles,” reads the CRT decision. “Both video angles show a small tractor with a shovel, moving snow from a corner of the parking lot into a large container. After reversing back from the container, the tractor turns, and the back of it collides with the back of a parked pick-up truck. There is no licence plate visible to identify the tractor, and the driver does not appear to be identifiable in the videos.”
So if there is no licence plate or face visible, how did ICBC decide which person to sue?
Well, ICBC claimed the owner of the damaged vehicle knew who it was and relied on that. But the CRT decision says that ICBC didn’t know submit a statement from the driver of the damaged vehicle or a copy of its claim file notes.
“I find ICBC’s evidence about who owns the tractor is based entirely on hearsay evidence,” says the CRT decision, adding that ICBC offered no evidence connecting the person it was suing and the snow plow in question.
And so the CRT dismissed ICBC’s claim, offering some sweet justice for any driver who feels railroaded by this agency.
Chris Campbell in an editor with Black Press Media. You can follow him @shinebox44.
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