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B.C. cyclist hit by car receives $3,752 bill from ICBC for car damage

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“You are responsible for any damage or injury suffered by our insured…you must pay this amount to ICBC,” the letter read.

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Ben Bolliger was shocked to open the mail last week and see an invoice from ICBC for $3,752.01. The amount is what ICBC hopes to recover after paying to repair a damaged windshield and bonnet when a driver hit Bolliger while on his bike last summer.

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The driver had executed a stop sign as Bolliger crossed the intersection of West 7th Avenue and Willow Street in Vancouver, the cyclist said.

“(The driver) disputes that, and it’s his prerogative, but my bike was split in half and I was probably thrown 45 feet onto a pile of rocks,” he said. “My helmet has been decimated.”

“My right arm was totally broken and I will never have full range of motion in that arm again. My foot was broken, they removed about 10 pieces of his windshield from my back and it took almost 100 stitches sutures and staples.

He suffered no head or back injuries, but was off work for almost four months.

“But before ICBC covered my salary, they made me use up every hour of sick leave I had, every hour of vacation, told me to apply for medical EI, and then said they would cover my salary up to 80 percent.”

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Bolliger, a public health project manager, was working from his home office in Fairview Slopes due to COVID-19 and was on his way to lunch on Granville Island.

It’s a cautionary tale for cyclists and pedestrians from British Columbia introduces the faultless insurance in 2020, an attorney specializing in personal injury and ICBC claims said Wednesday. “Cyclists and pedestrians are probably the most affected because they don’t pay car insurance anyway, but drivers can pay less for car insurance now,” said Erik Magraken. “All pedestrian and cyclist rights have been taken away following an accident, as people like Ben learn in a very hard lesson.”

Bolliger’s case offers a teachable moment about what faultlessness is – or “enhanced careas ICBC calls it — really is, Magraken added.

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Suppose, for example, that a pedestrian jumps without warning in front of a moving car and causes damage to the vehicle. The pedestrian would be liable for physical damage to the vehicle in the absence of fault.

However, and bearing in mind that only one side was presented, if Bolliger’s account of the accident is accurate, Magraken said, “he is not at fault and ICBC has no reason to “Trying to get that money back from him for replacing that windshield and fixing some paint damage or whatever. “He’s not responsible if a vehicle runs a stop sign and knocks it over. ‘ICBC withdraws it.

The letter received by Bolliger, dated March 18, quotes the Insurance Act (vehicle), which gives ICBC the right to recover costs and reads in part: “Our client reported this accident and, as stated in our previous correspondence, you are liable for any damages or injuries suffered by our insured.”

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“You were driving an uninsured vehicle at the time of the accident. This means that you have no insurance cover for this loss and must reimburse the cost of the claim from our insured.

The letter gives him until April 2 to respond before the matter is forwarded to ICBC’s Account Services Department, then thanks him for his attention to the matter.

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ICBC did not make anyone available to speak, but issued a statement saying the company had asked Bolliger for consent to discuss its claim, but that consent was not provided.

“After an accident, our first priority is to ensure that any injured party receives all the care and recovery treatment they need, to which every road user – including cyclists – is entitled,” the statement said, and Bolliger said he was satisfied. with the coordination by ICBC of its treatments, which have been various:

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• surgery, with another possibly pending;

• 26 physiotherapy sessions;

• seven follow-ups with a surgeon and X-rays at Vancouver General Hospital;

• a scanner ;

• ten functional rehabilitation sessions;

• and two splints.

“We investigate every accident to determine who is responsible. When evaluating any claim, we consider all evidence presented to us in order to make a fair decision,” the ICBC statement read. “This would include reports from drivers involved, witness statements and police reports, if available.”

Bolliger can dispute liability and appeal to the civil resolution court, but perhaps, as attorney Magraken suggested, he may not need to. As Bolliger was speaking with a reporter on Wednesday afternoon, his inbox rang and an email from ICBC popped up.

“Oh wow,” he said. “They want to talk, it’s interesting.”

“I’m so… pissed off, I can’t believe it’s come to this, that the ball only started rolling at this point.”

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