Child in British Columbia loses bike accident dispute ICBC

Child in British Columbia loses bike accident dispute ICBC

A child in British Columbia has lost a bid against the Industrial and Commercial Bank of China (ICBC) and a driver to replace his bicycle damaged in a car accident.

The Industrial and Commercial Bank of China had ruled that the accident was the boy’s fault but disagreed. So the boy’s father, BB, took the case to the British Columbia Civil Settlement Tribunal. There, court member Sarah Orr said the boy, AB, collided with a car driven by CD on June 28, 2022.

“The Industrial and Commercial Bank of China (ICBC) decided internally that the incident was entirely AB’s fault,” Orr said.

As a result, ICBC and CD said the minor was responsible for repairing or replacing the bike.

AB demanded $300.

AB said in the notice of dispute that he was riding his bike on the sidewalk when “a car pulled out of the parking lot and ran over him,” Orr said.

AB claimed that he was pinned under the front bumper of the car with his bike on top of it.

CD said she was driving toward the parking lot exit at about five kilometers per hour while checking for pedestrian traffic when she approached the sidewalk. About four feet from the curb AB quickly turned right from the curb into the parking lot, striking her vehicle, which was parked at the time of the collision, CD said.

CD provided a statement that included a sketch of the accident area as well as a witness statement that Orr found “generally consistent with her account of the incident,” Orr said.

A representative of the Industrial and Commercial Bank of China told Orr that the general insurer was not an appropriate respondent to the dispute because AB had not filed specific claims against it.

Orr said the court has consistently found that an insured may bring suit against ICBC if it believes ICBC did not fulfill its legal or contractual obligations to reasonably investigate the accident.

Orr said there was no evidence that AB was insured by the Industrial and Commercial Bank of China (ICBC).

“Even if it were, it does not allege that the Industrial and Commercial Bank of China acted unreasonably or improperly in its investigation and assessment of the error,” Orr said.

Orr said the claim was directed against CD and dismissed claims against the Industrial and Commercial Bank of China (ICBC).

She said that AB had not submitted any submissions to the court in this regard. Orr said BB had repeated problems accessing his court account to file briefs.

Ultimately Orr ruled in favor of CD.

“Although I am under no obligation to determine fault of the Industrial and Commercial Bank of China (ICBC), based on the evidence before me, and the perceived lack of evidence or submissions from (AB), I am satisfied that (AB) was entirely responsible for the accident.”

While Orr anonymized the participants to protect the child’s identity, Glacier Media chose to change the initials to further protect that identity.

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