Man wins lawsuit after ICBC found him half-responsible for other driver running red light
A B.C. driver who was found equally responsible after someone allegedly ran a red light and crashed into his pickup truck has been awarded nearly $8,000 in damages.
Christian Pedersen took his case to the province's small claims tribunal after ICBC investigators were unable to determine who was to blame for the collision, instead finding both drivers 50 per cent liable.
The Civil Resolution Tribunal ultimately determined Pedersen was not responsible at all.
The crash happened on the morning of April 6, 2020, while Pedersen was driving his pickup down 122nd Street in Surrey. As he was passing through the 72nd Avenue intersection, a sedan driven by Gursimran Makkar slammed into the front corner of his truck.
The tribunal noted there were no witnesses to the crash, the intersection's traffic camera wasn't working at the time, and both drivers claimed to have the right-of-way.
"In the absence of any objective evidence about who had a green light, I find that this dispute turns on credibility," tribunal member Eric Regehr wrote.
"Part of assessing credibility is assessing whose account is more in harmony with what a practical and informed person would consider reasonably likely in the circumstances. In other words, whose account of the accident is more consistent with common human experience?"
The tribunal did consider evidence gathered from the black boxes recovered from both vehicles. ICBC had the contents analyzed by a forensic consultant, who found Pedersen's pickup had stopped at the intersection before slowly accelerating to 25 km/h at the time of the crash.
Makkar's car was determined to have been going approximately 60 km/h and "only began slowing half a second before impact," according to the tribunal's decision.
Regehr said the findings suggest Makkar, who was represented by an ICBC employee at the hearing, wasn't paying close attention to the road. He also found it unlikely that Pedersen would have run a red light after coming to a stop.
The tribunal member also noted that Makkar initially told ICBC he only "thought" the light had been green.
"I find that Mr. Pedersen was proceeding through the intersection on a green light," Regehr wrote. "There is no evidence to suggest that Mr. Pedersen was contributorily negligent. I find that Mr. Makkar is 100 per cent liable for the accident."
The tribunal ordered Makkar to pay $5,627 in damages for pain and suffering to Pederson, who suffered minor injuries in the crash, as well as $2,309 for accelerated deprecation of his pickup truck's value.
Pedersen also sought an order reversing the increase to his ICBC insurance premiums that resulted from the accident, but was denied. Regehr said the tribunal does not have "jurisdiction, or legal authority, to order ICBC to change a person's insurance premiums," and that the public insurer was also not a party to the dispute.
CTVNews.ca Top Stories
Most of Canada to receive emergency alert test today
The federal government will test its capacity to issue emergency alerts today, with the exception of Ontario, where the test will take place on May 15.
'A huge difference': These adults born in the '90s partnered with their parents to buy homes in Ontario
An Ontario woman said it would have been impossible to buy a house without her mother – an anecdote that animates the fact that over 17 per cent of Canadian homeowners born in the ‘90s own their property with their parents, according to a new report.
OPINION No reunion between Prince Harry and the King signifies a setback for royal unity
Prince Harry, the Duke of Sussex, has made headlines with his recent arrival in the U.K., this time to celebrate all things Invictus. But upon the prince landing in the U.K., we have already had confirmation that King Charles III won't have time to see his youngest son during his brief visit.
Northern Ont. woman makes 'eggstraordinary' find
A chicken farmer near Mattawa made an 'eggstraordinary' find Friday morning when she discovered one of her hens laid an egg close to three times the size of an average large chicken egg.
How Drake and Kendrick Lamar's rap beef escalated within weeks
A long-simmering feud between hip-hop superstars Drake and Kendrick Lamar reached a boiling point in recent days as the pair traded increasingly personal insults on a succession of diss tracks. Here’s a quick overview of what’s behind the ongoing beef.
NEW For their protection, immigrants critical of China and India call for speedy passage of Canada's foreign interference legislation
Canadian immigrants threatened by hostile regimes are urging parliamentarians to quickly pass the 'Countering Foreign Interference Act' so they can feel safe living in their adopted home.
Ontario man devastated to learn $150,000 line of credit isn't insured after wife dies
An Ontario man found out that a line of credit he thought was insured actually isn't after his wife of 50 years died.
Spanish prosecutors recommend 2nd investigation into Shakira's taxes be thrown out
Spanish state prosecutors recommended Wednesday that an investigating judge shelve a probe into another alleged case of tax fraud by pop star Shakira.
Stormy Daniels describes meeting Trump during occasionally graphic testimony in hush money trial
With Donald Trump sitting just feet away, Stormy Daniels testified Tuesday at the former president's hush money trial about a sexual encounter the porn actor says they had in 2006 that resulted in her being paid to keep silent during the presidential race 10 years later.