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.”
CTVNews.ca Top Stories
Several flight attendants from Pakistan have gone missing after landing in Canada
Multiple flight attendants from Pakistan International Airlines have abandoned their jobs and are believed to have sought asylum in Canada in the past year and a half, a spokesperson for the government-owned airline says.
BREAKING Ottawa public school board, 3 Toronto-area school boards launch lawsuit against social media giants
The Ottawa-Carleton District School Board and three school boards in the Toronto-area have launched legal action against social media giants, accusing them of "disrupting students' fundamental right to education."
Doctors visiting a Gaza hospital are stunned by the war's toll on Palestinian children
An international team of doctors visiting a hospital in central Gaza was prepared for the worst. But the gruesome impact Israel’s war against Hamas is having on Palestinian children still left them stunned.
Crypt near Marilyn Monroe and Hugh Hefner could fetch US$400,000 at auction
A one-space mausoleum crypt in the vicinity of Marilyn Monroe and Hugh Hefner will go on auction Saturday, when it is expected to reach between US$200,000 and $400,000.
This Toronto restaurant is no longer accepting tips. Here's how it's going
A Toronto restaurant introduced a surprising new rule that reduced the cost of a meal and raised the salaries of staff – tipping is no longer accepted.
A Nigerian woman reviewed some tomato puree online. Now she faces jail
A Nigerian woman who wrote an online review of a can of tomato puree is facing imprisonment after its manufacturer accused her of making a “malicious allegation” that damaged its business.
Premiers not being truthful about carbon tax, Trudeau says while sparks fly in Ottawa
Prime Minister Justin Trudeau says Conservative premiers across the country are 'not telling the truth' when it comes to the carbon tax. Trudeau's comments came as fresh sparks were flying in Ottawa at a recalled House of Commons committee.
Far North police 'dispatch' polar bear stalking schoolyard
Police and local hunters in an Ontario Far North First Nation community have “dispatched” a polar that was showing abnormal behaviour and treating the area as a hunting ground.
What new auto insurance reforms will mean for Ontarians, if they get introduced
Ontario has among the highest rates for auto insurance premiums in Canada -- just below Alberta and Nova Scotia -- however, the introduction of an insurance reform in the provincial budget could soon lower prices.