B.C.'s Civil Resolution Tribunal has ordered ICBC to reimburse a driver $635 after an April 4, 2022 incident involving a cyclist.
The small claims dispute before tribunal member Meghan Stewart was about an accident between a driver and a cyclist.
Vernon Wieler was turning right into his Abbotsford driveway from the road when there was a collision with a young cyclist going straight through.
“While he was completing his right turn, a cyclist going straight through collided with the rear right side of his Jeep,” Stewart said.
While the cyclist was not a party to the tribunal dispute, ICBC found Wieler 100 per cent responsible for the accident.
He disagreed with ICBC’s assessment and said he should have been found zero per cent responsible.
He claimed reimbursement of $1,271, the amount he paid ICBC for the cyclist’s insurance claim.
Wieler said ICBC acted unfairly by failing to appreciate the accident’s circumstances. He said the auto insurer did not properly consider the cyclist’s speed or the fact that they were riding on the sidewalk where they should not have.
Wieler also said ICBC unreasonably found he breached the Motor Vehicle Act section for careless driving turning right other than at an intersection.
Notes from the cyclist’s father’s April 6, 2022 report of the incident said the cyclist was in the bike lane riding westbound on McKee Road. Stewart said Wieler was driving westbound in single-lane traffic when he moved into the bike lane and stopped in front of his driveway.
She said the cyclist moved from the bike lane toward the curb to avoid impact with the Jeep.
“Wieler suddenly turned right to enter his driveway causing the cyclist to stop,” Stewart said. “However, the cyclist ended up skidding underneath the Jeep’s right side.”
Wieler also reported the incident April 6, 2022. The next day, he gave ICBC a statement over the phone.
"When he received the typed version of his statement in the mail for signature, Mr. Wieler says it was 'grossly inaccurate, incomplete of facts, and required a full revision,'" Stewart said.
She said Wieler was not driving with due care and attention; however, she also found the cyclist failed to take reasonable care for their own safety and the failure to do so was one of the accident’s causes.
“In these circumstances, I find neither the cyclist nor Mr. Wieler can be said to be more blameworthy than the other,” Stewart ruled. “Since I have found Mr. Wieler was only 50 per cent responsible, I find his damages are 50 per cent of the amount he paid ICBC, which is $635.53. I order ICBC to pay him this amount.”
