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

Snow scenes around Castlegar

Our favourite reader submiltted photos.

Castlegar Curling Club hosts mixed bonspiel

The winning rinks were McKenzie (A event), Cooke (B), Nichol (C), and Knutson (D)

West Kootenay snowpack nearing record levels

High snowpack can mean a greater risk of flooding in spring, say forecasters

VIDEO: Kootenay Patricks, Montreal Canadiens play to the crowd in Nelson

The charity game was a spectacle from puck drop

Two-vehicle collision near Castlegar sends two to hospital

The incident took place Wednesday evening near the Brilliant Bridge in Ootischenia

‘Presumptive case’ of coronavirus in Canada confirmed by Ontario doctors

Man in his 50s felt ill on his return to Canada from Wuhan, China

People knowingly take fentanyl so make policy changes to reduce harm: B.C. study

Dr. Jane Buxton, an epidemiologist at the centre, says drug users need more resources,

‘My heart is going to bleed’: Bodies brought back to Canada following Iran plane crash

Remains of Sahar Haghjoo, 37, and her eight-year-old daughter, Elsa Jadidi, were identified last weekend

UBC grad and sister killed in Iran plane crash had bright futures ahead, close friend says

Asadi-Lari siblings Mohammad Hussein and Zeynab were two of 57 Canadians aboard downed Flight PS752

Donation will help support kids camps at the Kootenay Gallery

Castlegar’s Pinnacle PAC making art camps more accessible.

BCLC opens novelty bet on Harry and Meghan moving to the west coast

Meanwhile, real estate agency points to four possible homes for the family

Canada slips in global corruption ranking in aftermath of SNC-Lavalin scandal

The country obtained a score of 77, which places it at the top in the Americas

Wuhan bans cars, Hong Kong closes schools as coronavirus spreads

Hong Kong leader Carrie Lam said her government will raise its response level to emergency, highest one

Most Read