B.C. man who hit moose on highway near Smithers wins tribunal battle against ICBC

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

A B.C. man who slammed on the brakes before hitting a moose on a highway near Smithers managed to leave the scene alive. Getting ICBC to pay for his car repairs proved to be much harder.

Ronald Driedger hit the moose late in the evening on Aug. 3, 2018, according to documents released Tuesday by B.C.’s Civil Resolution Tribunal.

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

Two days later, he noticed his brakes were “soft” and had to pump them repeatedly to fully stop, so he called ICBC and submitted a claim.

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 disagreed, saying “one simple panic stop should under no circumstances result in brake system damage.” The corporation suggested a pre-existing defect was likely to blame and denied the claim.

Driedger appealed, but was rejected again, so he went to the tribunal.

Tribunal member Eric Regehr wrote in his decision that the brakes were damaged “very close in time to the collision,” and that any pre-existing issue with the brakes was not relevant.

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


@ashwadhwani
ashley.wadhwani@bpdigital.ca

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