Man who hit moose on northern highway wins battle with ICBC

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.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Police outside a home on Leathead Road on Monday evening. (Jen Zielinski - Black Press Media)
Police presence at home near Ben Lee Park in Rutland

Several RCMP cruisers are on scene; Leathead closed between Franklyn and Hollywood

A health-care worker prepares a dose of the Pfizer-BioNTech COVID-19 vaccine at a UHN COVID-19 vaccine clinic in Toronto on Thursday, January 7, 2021. THE CANADIAN PRESS/Nathan Denette
253 new COVID-19 cases, 4 more deaths in Interior Health over the weekend

More than 1,000 cases in the region remain active

Sunnybank
COVID-19 related deaths at Oliver, West Kelowna and Vernon senior care homes

Sunnybank, Heritage Retirement Residence and Noric House recorded deaths over the weekend

Man arrested at home on Byrne Avenue. (Michael Rodriguez - Capital News)
Reports of Kelowna house fire with entrapment unfounded, man arrested

The report prompted a large response by emergency crews

Benvoulin Church in Kelowna. (Image: Prime Light Media)
UPDATE: Council approves designation for Kelowna’s Benvoulin Heritage Park

Benvoulin Heritage Park will be protected in perpetuity by a city bylaw

Provincial health officer Dr. Bonnie Henry prepares a daily update on the coronavirus pandemic, April 21, 2020. (B.C. Government)
B.C. adjusts COVID-19 vaccine rollout for delivery slowdown

Daily cases decline over weekend, 31 more deaths

Interior Health confirms vaccination of priority populations has begun in Salmon Arm. THE CANADIAN PRESS/Nathan Denette
COVID-19 vaccinations underway in Salmon Arm

Interior Health confirms vaccination of priority populations has begun

This is the location, 3240 Skaha Lake Road, of where BC Housing plans to build a four storey supportive housing project for the homeless and at risk of being homeless. (Jesse Day Western News)
Penticton mayor and MLA concerned about new BC Housing project

‘Penticton already has its fair share’ of BC Housing projects

Interior Health declared the COVID-19 outbreak at McKinney Place long term care home over Monday, Jan. 18, 2020. (File photo)
COVID-19 outbreak at McKinney Place care home declared over

‘This has been one of our most challenging outbreaks so far,’ says chief medical health officer

Penticton Bylaw officer Glenn Smith, as well as resident Zak Laycock (not pictured), received the Governor General Award from the Royal Canadian Humane Association to recognize their heroism in a summer 2019 incident. (Contributed)
Bylaw officer and Penticton resident given awards for intervening in sexual assault

Bylaw officer Glenn Smith said he was simply in the right place at the right time

Hillview Elementary students Emma Li and Mina Nadeau were awarded by the Premier’s office for winning the annual holiday card contest. (Karen Rogers photo)
North Okanagan students’ art featured on Premier’s cards

Hillview youth chosen for annual holiday card contest

A female prisoner sent Langford police officers a thank-you card after she spent days in their custody. (Twitter/West Shore RCMP)
Woman gives Victoria-area jail 4.5-star review in handwritten card to police after arrest

‘We don’t often get thank you cards from people who stay with us, but this was sure nice to see’: RCMP

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

An elk got his antlers caught up in a zip line in Youbou over the weekend. (Conservation Officer Service Photo)
Elk rescued from zip line in Youbou on Vancouver Island

Officials urge people to manage items on their property that can hurt animals

Most Read