ICBC improperly held man 50% responsible for accident, ordered to reimburse him $4,875: CRT

An undated file photo shows a sign outside an ICBC building.

A man who was involved in a collision in North Vancouver two years ago was not at fault, according to B.C.'s Civil Resolution Tribunal, which has ordered ICBC to reimburse him nearly $5,000 in damages.

The issue at the centre of the small claims dispute is whether ICBC reasonably assigned equal responsibility for an accident between the applicant, Tache Sato, and a third party listed in the complaint as “MK,” on Dec. 9, 2021.

The drivers collided in the four-way stop intersection at Fromme Road and 29th Avenue, according to a final decision posted this week.

When Sato approached the intersection, the ruling explains, he didn’t see any other vehicles in it or at the stop signs—though he reportedly saw MK’s headlights approaching.

“Sato says when he had mostly completed his left turn, MK’s vehicle struck his right passenger door and wheel well. He argues he was well established in the intersection when the accident happened,” the decision reads.

The two passengers in Sato’s car provided statements consistent with this version of events, while the tribunal notes MK’s initial report to ICBC was less detailed.

“They reported to ICBC that they had an accident and they ‘don’t know how or what happened,’” the tribunal member wrote. “They reported not seeing anyone when they were at the stop sign, and there were no other cars at the other stop signs. They said they looked both directions and went through the stop sign, and once past it, the accident happened.”

In his complaint, Sato pushed back against ICBC’s policy in which it does not consider statements from witnesses “who have or have had a relationship with either party, as they are not considered neutral of independent.”

The tribunal found that ICBC acted “unreasonably or improperly” when it refused to consider statements from Sato’s two passengers based on internal procedures.

In conclusion, the tribunal member found MK should have yielded the right of way to Sato, deeming them solely responsible for the accident.

ICBC has been ordered to reimburse Sato for his $1,200 paid deductible and $3,500 for an “unlisted driver fee.”

The fine is charged to drivers that aren’t listed on the insurance policy of a vehicle involved in an accident they are found at least 25 per cent responsible for.

Sato was driving his mother’s vehicle, but the tribunal concluded the fee should be reimbursed since the small claims court found no evidence of any fault.

While Sato also asked for ICBC to “remove any insurance increase” from the accident and to adjust his driving record, the tribunal found that request fell outside its jurisdiction.

The damages awarded to Sato, including tribunal fees, total $4,875.