Man who hit moose on northern highway wins battle with ICBC

Ronald Driedger slammed on his brakes, wrecking them, before hitting a moose

A B.C. man whose quick reflexes to slam his brakes to the floor before hitting a large moose on a highway near Smithers was miraculously able to leave the scene alive, but it was the car repairs that proved to be much more chaotic.

Ronald Driedger hit the moose late in the evening on Aug. 3, 2018, according to documents released by B.C.’s Civil Resolution Tribunal on Tuesday. The tribunal handles small claim disputes in the province.

The moose survived and ran off, Driedger told the tribunal, but the brakes on his 2008 Mazda 3 were wrecked

Two days after the crash, “he noticed his brakes were ‘soft.’ He had to pump the brakes repeatedly to fully stop,” the decision reads. “When the vehicle was stopped but in gear, the brakes cou;d not keep the car from creeping forward.”

Another two days later, Driedger called ICBC and placed a claim for the damage.

READ MORE: South Cariboo driver hits four cows due to fog

According to an estimator, the brake problem was likely caused by the master cylinder failing, making it unable to create enough pressure for the brake fluid to be pushed into the brake circuit.

But ICBC denied Driedger’s claim shortly after, and said he hadn’t proved the damage was caused by the collision and insinuated it was likely due to wear and tear.

The tribunal heard that an ICBC employee didn’t believe the estimator’s hypothesis, and concluded that “one simple panic stop should under no circumstances result in brake system damage.”

Driedger appealed ICBC’s decision to the incurance corporation’s Claims Coverage Committee. On April 16 of this year – roughly eight months after the crash – the committee also rejected the claim, and said it “found that this pre-existing defect would have eventually failed under hard braking, even though the applicant may not have known about it.”

That is when Driedger filed his claim with the Civil Rights Tribunal, which sided with the B.C. man.

In his decision, tribunal member Eric Regehr wrote that the brakes were damaged “very close in time to the collision” and that the sequence of events which led to the wrecked brakes added up.

“I find that whether there was a pre-existing issue with the brakes, as ICBC alleges, is not relevant,” he added.

ICBC was ordered to pay Driedger roughly $1,900 in compensation – including $1,700 for the brake repairs and $200 for tribunal fees and additional reimbursement.


@ashwadhwani
ashley.wadhwani@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

PHOTOS: Gallery explores ‘broken promises’ during Japanese Canadian internment in 1940s

‘Broken Promises’ to acknowledge the thousands of Japanese Canadians who faced dispossession

Four-storey Oak Bay Avenue development to have rooftop garden

Redfern 35-unit development sent to public hearing

Heavy rains cause wastewater overflow off Oak Bay, Saanich beaches

Affected beaches will be posted with public health advisory signs

No plan in place if Sooke homeless shelter forced to shut doors

Contract for Otter Road facility now month to month

B.C. reports 91 new cases as officials remain worried over ‘clusters of COVID-19

There have now been a total of 8,395 cases in B.C. since the pandemic began

POLL: Do you agree with the decision to call a provincial election for Oct. 24?

British Columbians will put their social distancing skills to the test when… Continue reading

Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Sooke Philharmonic introduces new quartet

SPO presents first online concert Oct. 5

B.C. Green leader says NDP abandoning environmental plan

Horgan’s claim of unstable government false, Furstenau says

‘Won’t be gathering for Thanksgiving:’ Trudeau says COVID-19 2nd wave underway

In all, COVID-19 has killed about 9,250 people in Canada

Greater Victoria Crime Stoppers wanted list for the week of Sept. 22

Anyone with information on any of these individuals is asked to call 1-800-222-TIPS

Liberal effort to reset policy agenda panned by rivals as too much talk, not action

Trudeau said it’s ‘all too likely’ families won’t be able to gather for Thanksgiving next month

Most Read