ICBC accused him of lying about how his Tesla got damaged. He took them to court.
ICBC has been ordered to pay over $2,500 for repairs to a man's Tesla after the province's Civil Resolution Tribunal dismissed the insurer's claim that the driver lied about what caused the damage.
The tribunal's reasons for finding in the owner's favour were posted online Tuesday.
Andre Rink challenged the denial of his claim stemming from what he said was a hit-and-run in a parkade in 2021. The insurer, for its part, said that the damage was caused by a single-vehicle collision.
Tribunal member Eric Regher noted that Rink would have been covered by his policy in either event, but that the insurer argued he had forfeited his coverage because he "made a willfully false statement."
On Nov. 14, 2021, the decision says, Rink noticed damage to the back of his car, above the wheel on the left side, when he got home from the gym.
"He made an ICBC claim the same day, claiming that another vehicle must have caused the damage while he was parked at the gym. He denies causing the damage himself," Regehr wrote.
Roughly three months later, Rink received a letter informing him that his claim had been denied.
In support of its claim that Rink's report of a hit-and-run was untrue, ICBC did not submit evidence to prove that it was caused in some other way. Rather, the tribunal was asked to draw two "adverse inferences" based on Rink's behaviour after the collision.
First, ICBC argued that Rink's decision to get the car repaired while the CRT process was underway should be understood as an attempt to destroy evidence.
On May 5, 2022 – roughly six months after the initial claim was submitted – an ICBC adjuster told Rink that the insurer wanted to send an expert to examine the Tesla and prepare a report to submit to tribunal. Six days later, Rink called ICBC back and said he wanted to get the car repaired. Roughly three weeks after that, he proceeded to do so, the tribunal decision says, noting that Rink said he wanted the car to look "pristine" for his daughter's impending graduation.
In order to draw an adverse inference, the tribunal would have had to find "evidence that there was an element of fraud or an attempt to suppress the truth," Regher explained, adding that he was not persuaded by ICBC's argument.
"I find that the evidence here does not show that Mr. Rink repaired the Tesla to deceive the CRT or ICBC. I rely primarily on the fact that Mr. Rink did not deny ICBC access to the Tesla before it was repaired. Rather, he declined to postpone previously scheduled repairs," the decision says.
Second, ICBC asked the tribunal to draw an adverse inference because Rink did not take the car to a service centre where all of its electronic data could be accessed.
That decision, ICBC argued, should be understood as a failure to "take all available steps to obtain 'possible relevant evidence,'” Regher noted.
The tribunal was unmoved by this argument.
"To the extent that ICBC argues that all Tesla owners must attend service centers to check for collision data, I disagree. I find that there must be evidence that doing so would likely provide relevant evidence. Here, ICBC’s arguments about what may have been available are speculative," Regher wrote.
"There is no evidence about what Tesla’s sensors detect and record. In other words, there is no evidence that a relatively minor scrape would result in retrievable collision data."
Because ICBC based its claim that Rink had made a false report solely on these arguments, the tribunal ruled that Rink should be reimbursed for the repairs and for his rental car.
ICBC was ordered to pay $2,584.19, as well as $135 in tribunal fees and $32.84 in pre-judgment interest.
CTVNews.ca Top Stories
Flights divert around western Iran as one report says explosions heard near Isfahan
Commercial flights began diverting their routes early Friday morning over western Iran without explanation as one semiofficial news agency in the Islamic Republic claimed there had been 'explosions' heard over the city of Isfahan. State television acknowledged 'loud noise.'
American millionaire Jonathan Lehrer denied bail after being charged with killing Canadian couple
American millionaire Jonathan Lehrer, one of two men charged in the killings of a Canadian couple in Dominica, has been denied bail.
Nearly half of China's major cities are sinking, researchers say
Nearly half of China's major cities are suffering 'moderate to severe' levels of subsidence, putting millions at risk of flooding especially as sea levels rise.
Prince Harry formally confirms he is now a U.S. resident
Prince Harry, the son of King Charles III and fifth in line to the British throne, has formally confirmed he is now a U.S. resident.
Judge says 'no evidence fully supports' murder case against Umar Zameer as jury starts deliberations
The judge presiding over the trial of a man accused of fatally running over a Toronto police officer is telling jurors the possible verdicts they may reach based on the evidence in the case.
Health Canada to change sperm donor screening rules for men who have sex with men
Health Canada will change its longstanding policy restricting gay and bisexual men from donating to sperm banks in Canada, CTV News has learned. The federal health agency has adopted a revised directive removing the ban on gay, bisexual and other men who have sex with men, effective May 8.
Colin Jost names one celebrity who is great at hosting 'Saturday Night Live'
Colin Jost, who co-anchors Saturday Night Live's 'Weekend Update,' revealed who he thinks is one of the best hosts on the show.
Sports columnist apologizes for 'oafish' comments directed at Caitlin Clark. The controversy isn't over
A male columnist has apologized for a cringeworthy moment during former University of Iowa superstar and college basketball's highest scorer Caitlin Clark's first news conference as an Indiana Fever player.
'Shopaholic' author Sophie Kinsella reveals brain cancer diagnosis
Sophie Kinsella, the best-selling author behind the 'Shopaholic' book series, has revealed that she is receiving treatment for brain cancer.