ICBC overruled on Coquitlam crash claim

Faded lane markings and some conflicting evidence led to ICBC being ordered to amend its findings in a minor crash at the Cariboo Shopping Centre Mall.

In March 2024, Christine Cunningham was heading out of the centre to North Road she and another driver collided. Initially, ICBC found Cunningham 100 percent responsible for the crash as she was turning into the other driver’s lane at the time.

Cunningham argued the other driver – not named in court documents – should be found fully responsible for the collision and ICBC should reimburse her $500 deductible and increased premiums.

The drivers disagreed about whether there were two lanes, whether Cunningham used her turn signal, and whether the other driver was stopped or moving at the time of the crash.

There were no witnesses or video footage.

In making her decision, Civil Resolution Member Amanda Binnie noted the painted line between the two vehicle was almost completely faded.

ICBC’s decision was based on Cunningham changing lanes on a roadway. However, a roadway must have marked lanes, Binnie noted.

“I do not find the very faded remaining paint on the road, closer to North Road, qualified as ‘marked,’” Bonnie concluded, noting drivers tended to treat that section as one lane.

Binnie also found ICBC ignored conflicts in the other driver’s evidence about whether they were stopped at the time of the crash and whether the light was red or green.

Given the odd layout, Cunningham argued the other driver should have been more careful. However, that “applies equally to her,” Binnie decided.

Binnie found Cunningham 50 percent responsible for the collision and ordered ICBC to adjust Cunningham’s deductible and any resulting insurance premium increase accordingly.

As it was a civil matter, Cunningham had to prove her claim on a balance of probabilities.