Lawsuit demands ICBC make e-scooter rider responsible for sidewalk collision

A Richmond driver recently took the Insurance Corporation of British Columbia (ICBC) to court, arguing its assignment of responsibility was wrong for a collision where an e-scooter rider on the sidewalk hit his door.

Gordon Jaggs was emerging from his condo’s driveway onto Westminster Highway on September 27, 2022, when the collision happened. Jaggs reported he looked left, then right before slowly pulling onto the road — when he heard a loud thud on the passenger side.

He got out and found the electric scooter rider, identified only as EH in Civil Resolution Tribunal documents, who he realized had been travelling fast on the sidewalk.

ICBC initially found Jaggs 100% responsible for the collision, which he appealed to a manager. The fault-finding was adjusted to 75%-25%, but that still wasn’t good enough for Jaggs, who believed ICBC didn’t take into account that the scooter user was illegally riding on the sidewalk.

He then took the case to the Civil Resolution Tribunal, demanding the scooter rider be held at least 50% responsible for the collision.

As for the scooter user, EH said they were using the sidewalk because that section of Westminster Highway didn’t have a bike lane, and argued they were going at a reasonable speed.

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Tribunal member Kristin Gardner agreed with Jaggs that being 75% responsible for the collision was an error in judgment on the ICBC’s part.

She determined that the scooter rider failed to exercise the extra care and attention required of someone illegally riding an electric scooter on the sidewalk in the opposite direction of traffic — and determined their negligence caused the collision.

“EH was either travelling too fast for the circumstances or was not paying sufficient attention,” she wrote. “I also accept that Mr. Jaggs did not see EH, likely because EH was still some distance away. Therefore, I find Mr. Jaggs had the right of way as he drove across the sidewalk.”

She added the driver was entitled to expect a quickly moving scooter wouldn’t be travelling on the sidewalk against the flow of traffic. She also concluded there was likely nothing the driver could have done to avoid the collision.

The member went above and beyond Jaggs’ request for a 50/50 split, and made the electric scooter rider 100% responsible for the collision. As a result, the driver was reimbursed his $300 deductible and $550 insurance premium increase.