19 Oct Business Losses Post-Collision
In Singh v. Soper, 2016 BCSC 1748, the Plaintiff claimed business losses following a February, 2006, motor vehicle collision. He was 64 years old at trial.
At the time of the accident, the Plaintiff was driving a truck he had leased. He was working, as was the other driver involved in the accident, so the Court could not assess his personal injury damages. He had to proceed through the WorkSafeBC process in that regard. However, the Court still had jurisdiction to assess his business losses.
The Plaintiff was making lease payments of $1,308.89 plus G.S.T. and P.S.T. He also paid monthly insurance payments to ICBC. The Plaintiff continued to pay these amounts following the collision because he was concerned that if he stopped it would negatively affect his credit rating.
Even though the Plaintiff reported the collision to ICBC and contacted them on various occasions to assess his vehicle, he never received a response and it remained in a tow yard accumulating storage charges. ICBC continued to charge the insurance payments. Eventually, the Plaintiff picked up his truck himself, paid the $1,340.64 in storage fees and returned it to the leasor. He continued to pay the lease and insurance payments until March and April, 2006, respectively. The lease was terminated and he lost his $40,000 deposit.
In assessing the business losses, the Court noted that the Plaintiff was now working in a different profession. The Court rejected the Plaintiff’s argument that he suffered ongoing financial loss due to his failure to drive a truck because he failed to provide the Court of any evidence of this.
However, the Court did accept that the Plaintiff lost his $40,000 deposit and incurred storage fees as a result of the collision, and the Plaintiff was awarded these amounts.