After an unlicensed teen driver was caught on video trying to park a white Porsche Cayenne following a hit-and-run, ICBC might hold his mother accountable for the thousands of dollars he caused in damage.
The 16-year-old apparently took his mom’s car out while she was on vacation, hit a parked car, panicked, and drove off, according to the Vancouver Police Department. He then tried to park the vehicle in the garage, causing more damage both to the luxury SUV and the garage itself in the process, and it was all caught on video.
Personal injury and car accident lawyer Manjot Hallen tells Daily Hive that ICBC could make the argument that there was “implied consent” – that is, depending on details, something as little as leaving her keys accessible to her son could count as permission to use the car.
“She would be in breach of her insurance for allowing someone who is not licensed to drive in British Columbia to operate a motor vehicle,” he says. “Mom’s going to be in trouble whether it’s explicit or implied, whether she said ‘go ahead and use it while we’re away,’ or whether she just left the keys readily available for this young man to use this vehicle.”
Whether or not the mother is found to have given “implied consent” or not, ICBC will likely go after the 16-year-old driver as well.
“That’s just by virtue of the fact that he used the vehicle when he shouldn’t have been using it,” says Hallen. “Their best argument is going to be against the young man, unless of course the mother somehow consented to the use of the vehicle.”
He adds that ICBC has a very “sophisticated” collections service that will insure the teen, even if he has no money, pays out.
“This will affect his credit rating. This will follow this young man if that’s the way they decide to proceed.”
Hallen says he successfully used a the “implied consent” tactic after one of his clients was injured by a car driven by an unlicensed teen.
Constable Brian Montague with the VPD says the damage could be in the tens of thousands of dollars.