Stunt driver gets insurance

Stunt driver who leaves scene still gets insurance

The British Columbia Supreme Court has ordered that the Insurance Corporation of British Columbia (ICBC) has to cover the insurance for a professional stunt driver who made a lot of mistakes with his vehicle.

First off he lost control on his vehicle when the roads were wet and slick at a Wendy's drive-through in the late evening. He knocked down the entrance sign and then left. Once he got home he had a drink, to calm down his nerves.

A witness saw what happened and reported it to the police. The police went to the house and knocked on the door. The driver ignored the knocking and went to bed for the night. The driver stated later that he thought he had 24 hours to report an accident.

The next morning the driver called the police and reported the accident. He also made an insurance claim for the damages to his vehicle.

The insurer, ICBC denied the drivers claim stating that he had breached s. 68(1) of the Motor Vehicle Act, which obliges a driver to remain at the scene of an accident, as well as 68(3) of the act, when the driver failed to notify Wendy's of the property damage. ICBC also argued that these breaches prejudiced its ability to investigate the case fully.

The findings of the B.C. Supreme Court were that the breach of s. 68(1) of the Motor Vehicle Act was irrelevant, because it relates only to multi-vehicle collisions and not single-vehicle collision such as was this situation.

The court agreed that there was a breach of s. 68(3), but it was determined that it did not prejudice ICBC's investigation, which would have explored whether alcohol was a factor in the car crash.

The B.C. Supreme Court upheld the trial judge's findings. This means that it was determined that had the police arrived immediately at the scene they would have gotten the same information that they received from the driver the next day. This means that ICBCs investigation was not prejudiced.

So even though the driver made some pretty serious mistakes, his insurance still has to stand up and pay. Let's hope the weather holds up for all the people attending the Olympics in Vancouver and there are not too many slippery streets.