A common question asked by visitors to this web site is "Am I at fault?" Usually this is asked in relation to a collision that they have been involved in and don't think that ICBC's apportioning of blame is fair to their circumstances. I cannot answer these questions well because traffic policing is all about criminal law and collision fault is all about civil law, which are two completely different areas of expertise. Paul Hergott of Hergott Law in Kelowna blogs regularly about legal issues and in Fight ICBC Fault Finding he suggests that small claims court is an appropriate venue.
He cites the case of Tough v ICBC and Gannon, a small claims case that resulted after a collision at Springfield and Spall Roads in Kelowna, as a good example of how "the little guy" can prevail against an improper assessment of liability.
That is the only word to describe the behaviour of ICBC in this situation.
The Adjustor should be fired, and a penalty levied against the Corporation for their outrageous bias and failure to advocate for Mr. Tough, who was also their client.
And then, they try to justify their frequent rate increases because of the cost of claims. Sometimes, ICBC really disgust me.
Meanwhile, according to information found elsewhere on this website (but provided by ICBC), we find that just 0.716% of tickets written by police in BC relate to Section 128(1)(a) 'Yellow Light at Intersection' so we certainly can't rely on the cops to protect us from the many miscreants who drive in the manner of Mr. Gannon. They're just not that interested, I guess; must have other 'priorities' maybe?
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Appalling.