A dispute over a dent in a car door reached the BC Civil Resolution Tribunal in a case that had hundreds of dollars at stake.
What initially seemed like a case of a good Samaritan grew slightly more complicated, and the impacted driver was forced to take the situation to the tribunal.
RP said that CP struck his car door in an act of negligence when exiting another vehicle. RP had paid $500 as a deductible for repairs, and that’s the amount he claimed in damages. CP said she wasn’t obligated to pay the applicant.
CP had left a note on the vehicle after the incident, and that was the factor that led the tribunal to side with RP.
Both individuals attended an event on Sept. 22, 2023. RP’s vehicle was in the parking lot while CP was dropped off by a third party as a passenger.
“When she exited the vehicle, she caused a dent in the applicant’s passenger-side rear door,” the tribunal said.
After that happened, she left a note on the vehicle that was later submitted as evidence. The note read, “I dinged your back passenger door/happy to pay for!”
CP also left a number for RP to contact.
The total cost of repairs for the vehicle was almost $1,800. ICBC covered most of it, with RP having to pay $500.
After the incident occurred, both parties had a communication in which CP offered three options to RP. One of those options was paying the cost once the vehicle was appraised and repaired. Option two was to pay the application fee of $2,000 without an appraisal. Option three was for RP to file an ICBC claim.
The tribunal inferred that CP refused to pay because RP went the ICBC route.
“Based on the note the respondent left on the car, I find that the respondent offered to pay the repair costs. I find that the parties’ submissions and emails show that the applicant accepted that offer. I therefore find that the parties had reached a settlement agreement, which was a binding contract that the respondent could not later amend without agreement from the applicant,” the tribunal ruled.
After tribunal fees, CP was ordered by the BC Civil Resolution Tribunal to pay slightly more than the $500 deductible for the dent, instead having to pay $659.35 within 15 days of the decision.
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