Man who hit moose on northern highway wins battle with ICBC

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

A ball balances on the rim. New basketball court surfaces and nets will be installed as part of the McBride Street Multi-sport Court Redevelopment project to which Pembina donated $20,000. (Photo: K-J Millar/The Northern View)
Nothing but net for $20,000 Pembina donation

McBride Street multi-sport court redevelopment project in the planning

Ben Spencer has overcome the challenges of having a tenth-grade education and imparts the importance of education by teaching Sm’alygax to students. (Photo: K-J Millar/The Northern View)
Heart of our city: Ben Spencer

Teacher of traditional language and Sm’alygax fluency

FILE – Wet’suwet’en hereditary chiefs have agreed to sign a memorandum on rights and title with B.C. and Ottawa, but elected chiefs are demanding it be called off over lack of consultation. (Thom Barker photo)
Wet’suwet’en hereditary chiefs, Lake Babine Nation get provincial funding for land, title rights

Government says it’s a new, flexible model for future agreements between Canada, B.C. and First Nations.

I want to fly higher. Eva Moore and her brother Leroy Moore are treated to some high pushes from Simon Temple while swinging at Moose Tot Park on April 15. (Photo: K-J Millar/The Northern View)
Photo Gallery: Prince Rupert tots enjoy fun in the sun

Warmer weather is attracting kids of all ages to play outside

The property on which a residential school (pictured) that was torn down years ago in Lower Post is to be the location of a cultural centre. (Indian Residential School History and Dialogue Centre photo)
Lower Post residential school building to be demolished, replaced with cultural centre

Project to be funded by federal and provincial governments, Daylu Dena Council

Vancouver resident Beryl Pye was witness to a “concerning,” spontaneous dance party that spread throughout social groups at Kitsilano Beach on April 16. (Screen grab/Beryl Pye)
VIDEO: Dance party erupts at Vancouver’s Kitsilano Beach to the dismay of onlookers

‘It was a complete disregard for current COVID-19 public health orders,’ says Vancouver resident Beryl Pye

Deputy Prime Minister and Minister of Finance Chrystia Freeland responds to a question during Question Period in the House of Commons Tuesday December 8, 2020 in Ottawa. The stage is set for arguably the most important federal budget in recent memory, as the Liberal government prepares to unveil its plan for Canada’s post-pandemic recovery even as a third wave of COVID-19 rages across the country. THE CANADIAN PRESS/Adrian Wyld
Election reticence expected to temper political battle over federal budget

Opposition parties have laid out their own demands in the weeks leading up to the budget

A syringe is loaded with COVID-19 vaccine at a vaccination clinic run by Vancouver Coastal Health, in Richmond, B.C., Saturday, April 10, 2021. THE CANADIAN PRESS/Jonathan Hayward
B.C. to open up COVID vaccine registration to all B.C. residents 18+ in April

Registration does not equate to being able to book an appointment

(Black Press file photo).
UPDATED: Multiple stabbings at Vancouver Island bush party

Three youths hospitalized after an assault in Comox

Selina Robinson is shown in Coquitlam, B.C., on Friday November 17, 2017. British Columbia’s finance minister says her professional training as a family therapist helped her develop the New Democrat government’s first budget during the COVID-19 pandemic, which she will table Tuesday. THE CANADIAN PRESS/Darryl Dyck
B.C. finance minister to table historic pandemic-challenged deficit budget

Budget aims to take care of people during pandemic while preparing for post-COVID-19 recovery, Robinson said

Each spring, the Okanagan Fest-of-Ale is held in Penticton. This year, as a result of the COVID-19 pandemic, the festival will not be held. However, beer is still available. How much do you know about this beverage? (pxfuel.com)
QUIZ: How much do you really know about beer?

Put your knowledge to the test with this short quiz

Lord Tweedsmuir’s Tremmel States-Jones jumps a player and the goal line to score a touchdown against the Kelowna Owls in 2019. The face of high school football, along with a majority of other high school sports, could significantly change if a new governance proposal is passed at the B.C. School Sports AGM May 1. (Malin Jordan)
Power struggle: New governance model proposed for B.C. high school sports

Most commissions are against the new model, but B.C. School Sports (BCSS) and its board is in favour

Pall Bearers carrying the coffin of the Duke of Edinburgh, followed by the Prince of Wales, left and Princess Anne, right, into St George’s Chapel for his funeral, at Windsor Castle, in Windsor, England, Saturday April 17, 2021. (Danny Lawson/Pool via AP)
Trudeau announces $200K donation to Duke of Edinburgh award as Prince Philip laid to rest

A tribute to the late prince’s ‘remarkable life and his selfless service,’ the Prime Minister said Saturday

Most Read