ICBC's denial of claim for truck repairs reversed by tribunal
A B.C. man has won his dispute with ICBC after challenging the insurer's refusal to pay for repairs to his vehicle that were required when a rodent's nest caught fire under the truck's hood.
The province's Civil Resolution Tribunal posted the decision in the case online Wednesday, saying the evidence put forward did not support the insurer's decision to deny coverage and awarding the car's owner $5,000.
In 2021, Horst Thiele was five hours into a road trip in his 2005 Chevrolet Silverado 3500 pickup when he "smelled 'burned oil' and heard loud engine noises," he told the tribunal. After pulling over he discovered “a lot of heat, heavy fumes, and smoke” and called a tow truck, according to the decision.
While Thiele said the cause of the fire was the rodent nest catching fire, ICBC argued that Thiele had failed to prove that was the case and that the damage could have been caused by a "mechanical failure," which was not covered under the policy.
Tribunal vice-chair Andrea Ritchie notes that Thiele submitted an invoice from the mechanic that performed the repairs. The invoice said several parts were melted and burned and required replacement due to "fire under turbo area [rodent nest],” the decision says.
ICBC argued, in part, that Thiele did not retain the damaged parts and therefore "deprived it of the right to inspect the vehicle" before it was repaired, the tribunal heard.
Not retaining damaged car parts, Ritchie found, was reasonable in the circumstances given that Thiele "was not aware, and it would not be common knowledge" that something like this would be required to make a claim.
Further, Ritchie accepted Thiele's evidence that he did not know he could make a claim for the damage until the repairs were completed as an explanation for why he did not immediately contact ICBC and why he did not take photos of the damage.
The tribunal decides cases based on a balance of probabilities, meaning it determines what is more likely that not to have occurred in a case.
"Although ICBC argues Mr. Thiele has not proven his truck’s damage resulted from a fire or rodent nest rather than just being empty of oil or some other mechanical failure, I disagree. The best evidence of the cause of the truck’s damage is from (the mechanic), which actually investigated the damage and performed the repairs," Ritchie wrote.
"There is nothing in evidence that indicates there was any other oil leak, or any other mechanical failure," she continued.
While Thiele paid a total of $6,384.30 for repairs to his truck, the tribunal is only allowed to award a maximum of $5,000 in small claims cases. In addition to this amount, Thiele was also awarded $169.60 in interest and $175 as reimbursement for CRT fees.
CTVNews.ca Top Stories
A year into the Israel-Hamas war, students say a chill on free speech has reached college classrooms
As a junior at George Washington University, Ty Lindia meets new students every day. But with the shadow of the Israel-Hamas war hanging over the Washington, D.C., campus, where everyone has a political opinion, each new encounter is fraught.
Hurricane Milton is growing stronger as it blows toward Florida's Tampa Bay region
People across Florida were given notice Sunday that Hurricane Milton is intensifying rapidly and will likely be a major hurricane before slamming midweek into the storm-ravaged Gulf Coast.
The cooking method you need to learn to get excited about vegetables this fall, expert says
'Eat more vegetables,' doctors and dietitians say over and over. But for many people, it’s hard to do, because they aren’t excited about veggies or just don’t like them.
New Far North hospital moves closer to being built after $1.8B design, build contract awarded
Weeneebayko Area Health Authority and the Government of Ontario have awarded a $1.8 billion fixed-price contract to design, build and finance a new Far North hospital.
Madonna's brother, Christopher Ciccone, dead at 63
Christopher Ciccone, a multihyphenate artist, dancer, designer and younger brother of Madonna, has died. He was 63.
Trudeau heads to ASEAN summit and Ukraine defence meetings this week
Justin Trudeau will travel to Laos later this week for the ASEAN summit, marking what his office says will be the first official visit of a Canadian prime minister to the Southeast Asian country.
Oh my gourd: B.C.'s giant pumpkin weigh-off declares winner
A gargantuan gourd – affectionately named ‘Orangina’ by the urban gardeners who grew it in the front yard of their Vancouver home – earned the massive honour of being named B.C.’s heaviest giant pumpkin Saturday.
Donald Glover cancels Childish Gambino tour dates after recent surgery
Donald Glover has cancelled the remaining dates of Childish Gambino’s North American and European tour.
Oct. 7 commemoration events being held across Canada
Hundreds of people are gathering today in cities across Canada to remember the victims of Hamas's Oct. 7 attack on Israel and the hostages that have still not yet made it home.