16 Dec ICBC Denies Defendant is Responsible for Car Accident but Judge Disagrees

Although liability seemed obvious in the case of Wells v. Kolbe, 2020 BCSC 1530, ICBC refused to admit that the Defendant was responsible for the accident and so the issue had to be decided at trial.  It is not unusual for ICBC to this, despite the added expense and inconvenience to plaintiffs and witnesses.

At this trial, the judge noted that there was little dispute about how the accident occurred. The Plaintiff was driving south and the Defendant was driving west. They collided in the intersection. Neither vehicle was exceeding the speed limit or took evasive action. The Plaintiff saw the Defendant’s vehicle approaching moments prior to impact, whereas the Defendant did not see the Plaintiff until impact.

The intersection was controlled by traffic lights. The only issue on the question of liability was which driver had a green light and the right-of-way, and which faced a red light and was thus obligated to stop.

In this case, the court had the benefit of independent witnesses with front row seats and a clear, unimpeded view of the accident as it occurred.

The witnesses had been travelling eastbound and intended to turn right at that same intersection. They testified that the traffic light was red and that they stopped at the intersection. They saw the Defendant’s vehicle coming straight towards them and they could see that it was not going to stop, even though southbound traffic had the right-of-way. The Defendant’s vehicle pushed the Plaintiff’s vehicle into the witnesses’ truck, which was then itself pushed onto the sidewalk.

The judge accepted the evidence of the witnesses, which was not shaken by ICBC’s cross-examination. In addition, one of the witnesses had given a statement to the police and a violation ticket was issued to Defendant, which she paid.

The judge was satisfied that the Plaintiff had a green light and that the Defendant faced a red light. She was therefore obligated to stop, but she did not do so. The Defendant was found solely responsible for the accident.