BC driver takes his $500 fight against ICBC to court after crash

Sep 5 2023, 9:13 pm

A driver involved in a two-vehicle crash in East Vancouver took ICBC to court after he claimed he was not at fault and therefore shouldn’t be on the hook for the $500 deductible.

James Young argued that he wasn’t responsible for the crash between himself and another driver last July, according to a recent Civil Resolution Tribunal decision.

The judge heard that Young was T-boned by the other driver while he was doing a left turn at East Hastings Street and Garden Drive, leaving the vehicles damaged but thankfully no injuries.

The other driver was travelling in a bus/bike lane at the time and was driving straight through the intersection when they hit Young’s vehicle, the judge described in the document.

Young said he looked for vehicles before turning and had even been waved through by drivers in the other lanes, and didn’t see the driver in the curb lane until the crash.

ICBC investigated and found Young was 100% responsible.

In years past, drivers in the province could seek damages from other drivers, but a May 2021 change to BC’s insurance laws banned that in most cases.

“However, this ban does not preclude Mr. Young from bringing an action against ICBC, as his insurer, which he has done here,” the decision reads in part.

The judge found that while Young did not have the right away as he was turning left, the other driver, who was named through their initials only (KC) in the document, was also partially at fault.

“I find he did not do so as he failed to stop once the curb lane was visible and check for traffic before completing his turn. However, as noted, I find KC contributed to the accident by failing to slow down and proceed cautiously into the intersection considering the stopped traffic to his left,” the decision reads.

“I find this accident’s circumstances most similar to those in Clark, and follow the apportionment ordered in that case. I find KC 25% responsible and Mr. Young 75% responsible for the accident.”

That means that ICBC was ordered to pay 25% of his insurance deductible, or $125.

Plus, ICBC was on the hook to pay Young pre-judgment interest, as well as CRT fees, bringing the total to $192.18.

Claire FentonClaire Fenton

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