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A BC man whose truck caught fire because of a rodent nest under the hood has successfully sued ICBC after it refused to pay out.

According to an Aug. 9 BC Civil Resolution Tribunal decision, Horst Thiele was on a road trip when, after driving for about five hours smelt "burned oil" and heard loud noises coming from the engine.

The decision says he pulled over and felt "a lot of heat, heavy fumes, and smoke."

He checked the oil and there was nothing on the dipstick so had the truck towed to a local garage.

"Mr. Thiele says the damage was caused by a rodent nest in the engine compartment that caught fire," the decision reads.

It took the garage two months to fix the truck and Thiele paid the $6,400 bill.

Two-and-a-half months after the incident, Thiele filed a claim with ICBC but it refused to pay.

ICBC said Thiele hadn't notified them "promptly" and a claim had to be filled within 90 days.

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Thiele argued he didn't realize he would be covered by insurance, but when he found out he was he immediately filed a claim. He also points out this was within the 90 days cutoff.

In refusing to pay out, ICBC also said vehicle owners aren't allowed to move any physical evidence of the damage or make any repairs to the vehicle without ICBC inspecting it first.

The truck owner argued the garage didn't tell him this and he only realized he could claim once the vehicle was fixed.

The Tribunal agreed.

It ruled that it "wouldn't be common knowledge" that drivers are supposed to keep their old damaged parts.

ICBC argued it doesn't have to pay up if it didn't get a chance to inspect the vehicle.

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However, the Tribunal disagreed.

"ICBC had the opportunity to review the repair records and speak directly with the repair shop. I find it has not proven it was prejudiced as a result of the repairs being made prior to Mr. Thiele becoming aware that a claim should be made," the Tribunal ruled.

ICBC then argued Thiele hadn't proved the damage resulted from a fire or rodent nest rather than a mechanical failure, which isn't covered under the policy.

Again, the Tribunal disagreed.

The Tribunal pointed to the garage's records which state that the turbocharger melted because of a fire caused by the rodents' nest.

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"There is nothing in evidence that indicates there was any other oil leak or any other mechanical failure," the Tribunal said.

"I find it does not matter whether an actual fire occurred or not, the undisputed evidence is that the nest created such heat that the oil feed line to the turbocharger melted," the Tribunal ruled.

Ultimately, the Tribunal ruled ICBC should have paid the insurance claim and ordered it to pay $5,000, plus $300 in interest and fees to Thiele.

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