The BC Civil Resolution Tribunal has ordered ICBC to pay Andre Rink $2,700 over damages related to a hit-and-run on his Tesla.
According to the decision Rink’s Tesla was involved in an incident in a parking lot in November 2021. At the time, the ICBC estimator noted the damage was “abrasive” with “coarse markings”. The estimator suggested the damage came from concrete or wood rather than another vehicle.
Whether Rink hit a stationary object or a vehicle struck him would have resulted in the damage being covered. However, ICBC denied the claim based on their belief that Rink filed a false claim.
Per the Tribunal, ICBC did not have sufficient evidence to prove that Rink was lying.
ICBC argued that Rink did not agree to have an expert look at his Tesla before he fixed the vehicle, but the tribunal found that Rink did not deny the expert access to his Tesla.
But perhaps most importantly for Tesla owners, the insurance corporation also argued that Rink did not take his car to a Service Centre to obtain collision data regarding the event.
The Tribunal disagreed with the assertion that all Tesla owners involved in a collision would need to visit a Service Center, noting that:
Here, ICBC’s arguments about what may have been available are speculative. There is no evidence about what Tesla’s sensors detect and record. In other words, there is no evidence that a relatively minor scrape would result in retrievable collision data.
As a result of the ruling, ICBC will need to pay $2,584.19 for the damages to the Tesla, $32.84 in pre-judgement interest and $125 in Civil Resolution Tribunal fees.
You can read the full ruling below. (via CTV)
SC-2022-002295_Decision
