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

LETTER: Forestry will always be here and survive

“These huge Canadian forests and wherever they are in North America will be there”

Bradshaw’s Photo Highlight: Sea Walk

“I made a mad dash for the Sea Walk to capture Port Alice in white”

Aid a priority for idled Vancouver Island loggers, John Horgan says

Steelworkers, Western Forest Products returning to mediation

North Island communities receive upgraded used oil recycling facilities

“It is fantastic to see all of these locations with upgraded used oil recycling facilities”

How will Port McNeill spend property tax money in 2020?

Bill Mcquarrie investigates the Town of Port McNeill’s budget process for 2020.

VIDEO: Success of wildlife corridors in Banff National Park has advocates wanting more

Demand for more highway protection escalated after seven elk were killed by a semi-trailer near Canmore

B.C. VIEWS: Hunger does not end with the season

Despite innovations in food distribution, the need is still there in B.C. communities

Sharks beat Canucks 4-2 to snap 6-game skid

Vancouver visits Vegas on Sunday

Fans sing Canadian anthem after sound system breaks at BMW IBSF World Cup

The Canadians in attendance made sure their team and flag were honoured on the podium

VIDEO: Fire destroys Big White Ski Resort chalet

Social media eulogies peg the property, nicknamed “The Pharamacy,” as both loved and hated

Prince George RCMP use bait packages to catch porch pirates over the holidays

First-in-Canada program with Amazon looks to combat parcel theft

Nanaimo mechanical engineer creates thief tracking program

Nanaimo Thief Tracking lets users plot and share information about thefts online

Mayor wants B.C. to institutionalize severely mental ill people who are homeless

Those suffering from mental health conditions, such as schizophrenia, need specialized care, mayor says

Most Read