ICBC finds cyclist 50% at fault after car allegedly drove over her bike

A cyclist in Chilliwack is frustrated with ICBC’s decision after being involved in an alleged case of road rage.

The insurer told Laura Auffray she’s 50 per cent at fault even though, according to her, a car drove over her bike.

In July 2022, Auffray was leaving the parking lot at Hofstede's Country Barn in Chilliwack when she says a car came up behind her with the driver honking and yelling. Eventually, she said, the driver tried to go around her, hitting and dragging her bike underneath the vehicle.

“I was trying to gesture to the woman, stop – what you’re doing is really scary and aggressive,” she said. “I am extremely lucky that I wasn't majorly injured.”

Auffray says she filed a claim with ICBC and found out she’s 50 per cent at fault. In a statement, the insurer told CTV News Auffrey won't be required to pay for any damages.

“We always hope to find a fair resolution to every claim. We aren’t present at the scene of a crash so determining liability can be challenging sometimes,” the statement said.

Auffray spent $4,000 on a new bike as it’s her sole means of transportation, and is hoping the insurer will cover the cost.

“I’m surprised and frustrated at that news because I feel like I did everything right,” she told CTV News.

Erin O’Melinn, the executive director at HUB Cycling said road rage between cyclists and vehicles is not uncommon, and that a lack of infrastructure is partly to blame

“We know that two thirds of people here in B.C. are interested in cycling. They either already ride regularly or they want to but they’re held back by safety concerns, and this kind of thing contributes to that,” she said.

ICBC changed to a no-fault insurance model in May 2021. Last year, CTV News spoke with a number of cyclists who shared stories about the insurance provider finding them at fault.

In this case, ICBC says there wasn't enough evidence, and because Auffray and the driver provided different accounts of what happened, they are both responsible.

Auffray has hired a lawyer to contest the decision, calling it unfair.

“It’s not just personal,” she said. “This is a systemic problem that ICBC is doing, that the province is doing, and that municipalities are doing, in that they are punishing cyclists and coddling drivers and it needs to stop.”