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
Widow looking for answers after Quebec man dies in Texas Ironman competition
The widow of a Quebec man who died competing in an Ironman competition is looking for answers.
Tom Mulcair: Park littered with trash after 'pilot project' is perfect symbol of Trudeau governance
Former NDP leader Tom Mulcair says that what's happening now in a trash-littered federal park in Quebec is a perfect metaphor for how the Trudeau government runs things.
World seeing near breakdown of international law amid wars in Gaza and Ukraine, Amnesty says
The world is seeing a near breakdown of international law amid flagrant rule-breaking in Gaza and Ukraine, multiplying armed conflicts, the rise of authoritarianism and huge rights violations in Sudan, Ethiopia and Myanmar, Amnesty International warned Wednesday as it published its annual report.
Photographer alleges he was forced to watch Megan Thee Stallion have sex and was unfairly fired
A photographer who worked for Megan Thee Stallion said in a lawsuit filed Tuesday that he was forced to watch her have sex, was unfairly fired soon after and was abused as her employee.
Amid concerns over 'collateral damage' Trudeau, Freeland defend capital gains tax change
Facing pushback from physicians and businesspeople over the coming increase to the capital gains inclusion rate, Prime Minister Justin Trudeau and his deputy Chrystia Freeland are standing by their plan to target Canada's highest earners.
U.S. Senate passes bill forcing TikTok's parent company to sell or face ban, sends to Biden for signature
The Senate passed legislation Tuesday that would force TikTok's China-based parent company to sell the social media platform under the threat of a ban, a contentious move by U.S. lawmakers that's expected to face legal challenges.
Wildfire southwest of Peace River spurs evacuation order
People living near a wildfire burning about 15 kilometres southwest of Peace River are being told to evacuate their homes.
U.S. Senate overwhelmingly passes aid for Ukraine, Israel and Taiwan with big bipartisan vote
The U.S. Senate has passed US$95 billion in war aid to Ukraine, Israel and Taiwan, sending the legislation to President Joe Biden after months of delays and contentious debate over how involved the United States should be in foreign wars.
'My stomach dropped': Winnipeg man speaks out after being criminally harassed following single online date
A Winnipeg man said a single date gone wrong led to years of criminal harassment, false arrests, stress and depression.