I HATE ICBC

Date of Hearing: April 21, 2008

A driver and his company, co-plaintiffs in an action against ICBC, were not successful in their action alleging breach of faith by ICBC. ICBC counterclaimed to be reimbursed for amounts paid to settle third party injury claims.

Case Details: Cowichan Bay Contractors Ltd. ICBC. April 21, 2008. British Columbia Supreme Court. Macaulay J.

Co-plaintiff driver was involved in an accident while driving under a suspended licence due to impaired driving. He was found negligent in causing the accident, and as a result was ordered to pay ICBC back on third party injury claims they paid out.

The driver initially sought to be determined an uninsured driver under section 21 of the Motor Vehicle Act. ICBC was successful in arguing that the driver fell under section 21 which applied where there was insurance in place, but where the owner or driver breached the terms of the policy, and under section 30.1 which dealt with ICBC recovering on “motor vehicle indebtedness” as it applied to section 21. Both section 21 and 30.1 have since been repealed.

The driver is an “uninsured motorist” under section 20(1)(a) of the Act only if there is neither a driver’s certificate nor an owner’s certificate in place. Neither of these applied in this case. Under section 30.1, ICBC was entitled to cancel the driver’s licence until the liability dispute was adjudicated upon. ICBC was authorized to deny issuing a driver’s licence until the matter was settled.

The plaintiff’s claims were dismissed and ICBC’s counterclaim to recover payment was allowed.

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This puts the innocent Victim in a tough situation. He wasted his time in court, the time he could be making money, he paid the lawyer, which cost him money, and now he can’t drive to (and for) work and loses money again.

Although his only fault was driving under prohibition (which was wrong), most people agree ICBC should simply increase his Insurance rates, but What does ICBC do? It screws poor man.

This man can not declare bankruptcy because he is a business owner, only option he has now is to pay these SCUMBAGS and get on with his life.