Man who hit moose on northern highway wins battle with ICBC

Ronald Driedger slammed on his brakes, wrecking them, before hitting a moose

A B.C. man whose quick reflexes to slam his brakes to the floor before hitting a large moose on a highway near Smithers was miraculously able to leave the scene alive, but it was the car repairs that proved to be much more chaotic.

Ronald Driedger hit the moose late in the evening on Aug. 3, 2018, according to documents released by B.C.’s Civil Resolution Tribunal on Tuesday. The tribunal handles small claim disputes in the province.

The moose survived and ran off, Driedger told the tribunal, but the brakes on his 2008 Mazda 3 were wrecked

Two days after the crash, “he noticed his brakes were ‘soft.’ He had to pump the brakes repeatedly to fully stop,” the decision reads. “When the vehicle was stopped but in gear, the brakes cou;d not keep the car from creeping forward.”

Another two days later, Driedger called ICBC and placed a claim for the damage.

READ MORE: South Cariboo driver hits four cows due to fog

According to an estimator, the brake problem was likely caused by the master cylinder failing, making it unable to create enough pressure for the brake fluid to be pushed into the brake circuit.

But ICBC denied Driedger’s claim shortly after, and said he hadn’t proved the damage was caused by the collision and insinuated it was likely due to wear and tear.

The tribunal heard that an ICBC employee didn’t believe the estimator’s hypothesis, and concluded that “one simple panic stop should under no circumstances result in brake system damage.”

Driedger appealed ICBC’s decision to the incurance corporation’s Claims Coverage Committee. On April 16 of this year – roughly eight months after the crash – the committee also rejected the claim, and said it “found that this pre-existing defect would have eventually failed under hard braking, even though the applicant may not have known about it.”

That is when Driedger filed his claim with the Civil Rights Tribunal, which sided with the B.C. man.

In his decision, tribunal member Eric Regehr wrote that the brakes were damaged “very close in time to the collision” and that the sequence of events which led to the wrecked brakes added up.

“I find that whether there was a pre-existing issue with the brakes, as ICBC alleges, is not relevant,” he added.

ICBC was ordered to pay Driedger roughly $1,900 in compensation – including $1,700 for the brake repairs and $200 for tribunal fees and additional reimbursement.


@ashwadhwani
ashley.wadhwani@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Just Posted

Ski with Santa fundraiser and beginner trail opening coming to Larch Hills

Tour of new trail to take place on Dec. 28, followed by annual Lantern Ski

Secwepemc knowledge-keeper’s contributions recognized by Province of B.C.

Louis Thomas one of 18 people to receive B.C.’s Medal of Good Citizenship

Salmar manager draws curtain on career with Salmon Arm’s independent movie theatres

After 22 years, Daila Duford announces departure at association’s AGM

VIDEO: Salmon Arm elementary students step up for Canadian Music Class Challenge

Bastion and Hillcrest elementary schools submit videos, winners announced Dec. 17

Workshops, networking events designed for Shuswap women entrepreneurs on the way

Tsuts’weye project holds successful roundtables where valuable information gathered

‘Things haven’t changed enough:’ Ecole Polytechnique anniversary prompts reflection

Fourteen women were fatally shot by a gunman at the Montreal school on Dec. 6, 1989

B.C. pharmaceutical company’s stocks double in value after successful lupus drug trial

More than 40 per cent of patients using voclosporin saw improvements in kidney function

UBCO daycare services slated for major improvements

More families will have access to high-quality child care services at UBCO

Noxious odour detected at Summerland Health Centre

Staff felt nauseous following incident on morning of Dec. 5

Okanagan Glee club sells out Bohemian Rhapsody

Vernon Community Music School shows at Powerhouse Theatre this weekend

Second warning on romaine lettuce from California region as another E. coli case reported

Two cases of E. coli have been reported in relation to the illness in the U.S.

Editorial: Don’t let data detract from positive publicity for Salmon Arm

City now recognized as one of the best places to live and work in B.C.

Six B.C. municipalities accepted as interveners in Supreme Court of Canada carbon-pricing case

Victoria, Vancouver, Squamish, Richmond, Nelson and Rossland have intervener status

Bob Ross is coming to Penticton in 2020

32 of the late painter and TV celebrity’s works will be on display at the Penticton Art Gallery

Most Read