In this Supreme Court lawsuit the driver involved in the single vehicle car accident was sued by ICBC for reimbursement of money (ICBC v. Nisbet, 2009 BCSC 1570)it was obliged to payout for the settlement of personal injuries to the passenger.
After the car accident the passenger telephoned ICBC’s dial-a-claim line to report her injury. The ICBC adjuster left a message for the driver to let him know that the passenger had reported a claim. The driver then telephoned in response to ICBC’s message stating that there were no passengers in his car at the time of the accident.The driver also attended at ICBC’s Langley Claims Centre and provided a written statement. Once again, he maintained that he did not have any passengers with him at the time of the collision.
ICBC paid the passenger accident benefits and initially forgave the driver. When the passenger later started a lawsuit, ICBC even defended the driver without reservation. The ICBC’s compassion wore thin, however, as its position became compromised by the driver’s stubborn and irrational refusal to admit the truth, sticking with his statement given at the ICBC claims centre. The tangled web he wove with this deception led him to commit perjury in Provincial Court, and to suffer censure by the RCMP for disgraceful conduct.Ultimately, ICBC held him in breach and defended the action through trial as a third party.
ICBC was found to be entitled to judgment against the driver in the amount of $37,561.10. ICBC’s claims against the driver for damages for civil fraud and for punitive damages however were dismissed.
Again, another case example of how ICBC dial-a-claim phone calls can be used as evidence in civil trials.
Posted by Personal Injury Lawyer Mr. Renn A. Holness B.A., LL.B.
