Statements made to ICBC and the police without a lawyer generally ends poorly. This claimant was found to be not covered by ICBC for injuries because of her ICBC statement and testimony.
Indemnity under a policy of insurance with ICBC was sought by the claimant. ICBC denied coverage saying the claimant permitted an impaired person to drive the vehicle.
When ICBC denies insurance coverage based on an impairment breach, ICBC must establish the claimant knew that the driver was intoxicated and incapable of operating a vehicle.
The claimant provided ICBC with a statement before hiring a lawyer. She testified that, after consuming the vodka, she threw up and later “blacked out”. However, she was unable to say why her ICBC Statement stated“I had quite a bit – 6 shots of vodka”. Her police statement also did not indicate she was unconscious.
The court found that she knew he was intoxicated to the extent that he was incapable of properly operating a vehicle. Insurance coverage for her injury was denied and her lawsuit was dismissed.(Sherrell v. Insurance Corporation of British Columbia, 2019 BCSC 103)
Tags: ICBC Statement