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Driver Wins Battle Against ICBC After Damaging Brakes While Avoiding Moose

Moose on the Road Eh

Photo: wratten25 / Flickr

A B.C. driver recently won a a year-long battle against ICBC over the repairing of his brakes, which he damaged while trying to avoid hitting a moose.

Ronald Driedger was on a highway in Northern B.C. when he saw a moose on the road. He slammed his brakes and while he did hit the animal, both it and the driver survived.

Moose Case With ICBC

Following that, Driedger spent the next year fighting with ICBC to fix his damaged brakes.

Driedger said his insurance should cover the incident, while ICBC said otherwise.

A ruling posted online explained Driedger hit the animal in August 2018 near Smithers, B.C. The animal ran off and the car had some minor damage, but was still drivable.

“Over the next two days, he noticed his brakes were ‘soft.’ He had to pump the brakes repeatedly to stop fully,” the ruling read. “When the vehicle was stopped but in gear, the brakes could not keep the car from creeping forward.”

RELATED: “Getting Screwed”: 19-Year-Old Student Leads Protest Outside ICBC HQ

When Driedger files a claim with ICBC four days later, they denied it.

The insurer said there was no proof the damage came from anything other than wear and tear.

“[The worker] concluded that ‘one simple panic stop should under no circumstances result in brake system damage.’ In other words, [the worker] did not believe that the hard braking before the collision caused the brake problem,” the ruling read.

Driedger tried to appeal the claim and was denied again. He then filed a claim with the CRT, which handles small claim disputes. The tribunal said the driver was in the right.

“The brakes were damaged very close in time to the collision and in the same sequence of events. I find that whether there was a pre-existing issue with the brakes, as ICBC alleges, is not relevant,” wrote tribunal member Eric Regehr.

Regehr ordered ICBC to pay Driedger almost $2,000 in compensation to cover the $1,700 repair plus interest and tribunal fees.

For more news regarding ICBC, read about their “intentionally misleading” distracted driving stats. Or see how the Canadian Taxpayers Federation trolled ICBC.

To see more B.C. news, check out our News section.

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