Tesla owner accused of lying sues ICBC
A B.C. Tesla driver who was accused of lying by ICBC had to take the insurance company to court in order to get it to pay out for a $2,700 repair.
According to a Jan. 31 Civil Resolution Tribunal decision, Andre Rink noticed that his Tesla had been damaged above the wheel arch after returning from the gym.
Rink filed a claim that day saying someone must have run into his vehicle while it was parked.
However, several weeks later ICBC denied his claim, saying the damage was not consistent with vehicle-to-vehicle contact.
"The damage was 'abrasive' with 'coarse markings,' which was more consistent with contact with concrete or wood," ICBC said in the decision.
Rink had full comprehensive insurance which would cover the cost if he caused the damage but ICBC still refused to pay because they determined he lied.
While Rink had no reason to lie because his insurance would have covered him either way, ICBC refused to pay, saying it didn't believe the vehicle damage was caused by a hit and run, and he'd made a "wilfully false statement" which forfeited his coverage.
Rink then headed to the online small claims court in order to get ICBC to foot his $2,742 repair bill.
The decision says while the legal dispute was ongoing, Rink spoke to ICBC which said it wanted to get an expert to look at the Tesla and produce an independent report. ICBC said it wanted to wait until the Tribunal facilitation process before an expert looked at the Tesla.
Rink said he wanted to have the car repaired in time for his child's graduation.
ICBC then told Rink that it would argue to the small claims court that he had prevented it from obtaining an expert report if he had the repair done first.
However, three weeks later, before ICBC sent an expert to look at it, Rink had it repaired.
"Mr. Rink says that he gave ICBC plenty of time to have an expert look at the Tesla before he got it repaired," the decision reads.
ICBC argued it was deprived of the opportunity to get the expert report and Rink had "intentionally" destroyed relevant evidence.
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However, the Tribunal didn't buy it.
"I find that the evidence here does not show that Mr. Rink repaired the Tesla to deceive the Civil Resolution Tribunal or ICBC," the Tribunal ruled.
The Tribunal ruled Rink didn't deny ICBC access to the car and ICBC did not explain why it wanted to wait until the facilitation process before hiring an expert to look at the Tesla.
ICBC also argued Rink didn't take the car to a Tesla service center to obtain the collision data and only downloaded it himself.
However, the Tribunal dismissed the argument saying ICBC hadn't proven the service center would have uncovered any more evidence.
"ICBC provided no admissible evidence to prove that the vehicle damage was not caused by a hit and run. It relied solely on its arguments about adverse inferences," the Tribunal ruled.
The Tribunal went on to say ICBC failed to prove Rink made a "wilfully false statement."
Ultimately, the Tribunal ordered ICBC to pay Rink $2,742, which was the cost of the repair plus a rental car and legal fees, minus a $300 deductible.
The decision does not give a figure for how much ICBC spent on legal fees fighting the case.
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