Automotive

Cyclist billed by BC's ICBC for 50% of damages after being hit by a motor vehicle

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  • May 5th, 2022 10:19 pm
Deal Addict
Sep 3, 2020
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Cyclist billed by BC's ICBC for 50% of damages after being hit by a motor vehicle

Ben Bolliger is on a mission to find out how many cyclists in the province, like him, have been billed by ICBC after being involved in a crash with a car.

Two weeks ago, Bolliger received a letter from the provincial motor vehicle insurer saying he owed over $3,700 for damage to the hood and windshield of the Mercedes Benz that hit him as he pedalled through a Vancouver intersection last July.

"You were driving an uninsured vehicle at the time of the loss. This means you do not have insurance coverage for this loss and must repay the cost of our insured's claim," reads the letter.

Bolliger said the driver blew through a stop sign. The impact left him with a badly injured right arm which he says he'll never have full use of again.

ICBC found Bolliger to be 50 per cent at fault for the crash.

https://www.cbc.ca/news/canada/british- ... -1.6408042
60 replies
Deal Expert
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Jul 30, 2007
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The article has no real details on how this “accident “ came about. Did the mb has a dash dam ? Was the cyclist riding responsibly (asides from claiming the mb blew past a stop sign) ?

In any big cities like gta, most cyclists didn’t care much about traffic laws, for example, like 2 guys riding on major roadways and took up the entire lane while everyone has to manoeuvre around them.
Deal Addict
May 30, 2012
4290 posts
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BC
What's the news here? Motorists gets billed for damages everyday. Share the road, share the responsibilities.
Deal Fanatic
Jun 13, 2010
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GTA
booblehead wrote: The article has no real details on how this “accident “ came about. Did the mb has a dash dam ? Was the cyclist riding responsibly (asides from claiming the mb blew past a stop sign) ?

In any big cities like gta, most cyclists didn’t care much about traffic laws, for example, like 2 guys riding on major roadways and took up the entire lane while everyone has to manoeuvre around them.
Sounds like the insurance company assigned 50/50 to both since neither had proof the other was 100% at fault.
Deal Fanatic
Oct 26, 2008
7022 posts
2907 upvotes
Victoria, BC
This is a very strange case.

The story doesn't mention it, but as the vehicle operator was partly at fault, the cyclist would have able to claim against ICBC for his injuries and required treatments.

At first I thought it was a scam since the letter addressed the cyclist by his first name.
I have never had any correspondence from ICBC that were that informal.

But ICBC commented to the media confirming that it was real.

In the letter to Bill, they refer to him operating a vehicle.
ICBC should know that bicycles are not classified as vehicles in BC or anywhere else in Canada that I know of.
Their operators have the rights and responsibilities of a vehicle operator but that is entirely different from being a vehicle.
(Some US states have tried classifying bicycles as vehicles over the past 40 years or so but found it to be a can of worms. Most have backtracked.)

A little know fact is that the BC Driver Licence incorporates a Certificate that covers the holder for certain liability for personal and property damage. Regular vehicle insurance takes precedence where applicable.
In this particular case, assuming Bill has a valid DL I would think that coverage could possibly be invoked (not that ICBC would tell him that).

In short, I don't know of similar instances and would be surprised if there are any.
I think ICBC are trying something on under their new quasi-no fault operating mode and have it wrong.
Hopefully it doesn't go as far as them denying Bill licence or plate renewals until he pays up. A good lawyer will show ICBC the error of their ways.

All this said without having the actual facts in front of us.
Indeed strange that the police report was not available to the injured party!
Deal Expert
Jun 30, 2006
21132 posts
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Toronto
Cyclists need to follow the rules of the road as well, I see so many running stop signs and thinking stop signs don't apply to them and riding in one way intersections.
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Sep 3, 2020
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booblehead wrote: https://www.ontario.ca/page/bicycle-safety

In Ontario, it is classified as a “vehicle”. The operator of bicycle needs to observe hta laws. Of course, majority of riders don’t care anyway …
From the article:

"The concept of "vulnerable road user" exists in law in Ontario, but not in B.C. The category includes pedestrians, cyclists and road workers, and puts a greater onus on motor vehicle drivers to behave responsibly on the road.

The concept also underpins policy across Europe where countries long ago adopted some versions of strict liability in cases of motor vehicle-cyclists collisions.

Generally, strict liability assumes the car driver is liable for damages in a crash, unless they can prove otherwise, because a driver brings more risk to the road than someone on a bike.


"When it comes to the use of roads we are not all equal," said European Cyclists' Federation policy officer Ceri Woolsgrove, speaking from Brussels.

"There's a difference between a two tonne vehicle with a 200 horsepower engine and, say, an eight kilogram bike with 150 watts of power," he said.

In Europe, 83 per cent of cycling fatalities and 99 per cent of pedestrian deaths are the result of crashes with motorized vehicles, according to Woolsgrove.

In Canada, 50 cyclists and 266 pedestrians were killed in crashes with cars in 2020, the most recent numbers published by Transport Canada.

ICBC switched to a no-fault insurance model in May 2021, making it nearly impossible for people to sue for damages if they're injured in a crash involving a vehicle
."
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Jan 27, 2004
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ONTARIO
booblehead wrote: The article has no real details on how this “accident “ came about. Did the mb has a dash dam ? Was the cyclist riding responsibly (asides from claiming the mb blew past a stop sign) ?

In any big cities like gta, most cyclists didn’t care much about traffic laws, for example, like 2 guys riding on major roadways and took up the entire lane while everyone has to manoeuvre around them.
Thats technically legal.
Deal Expert
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Jul 30, 2007
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Well then, they are technically to ride to the right , not at the Center of the right hand lane, blocking flow of traffic.
Member
Jan 11, 2007
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booblehead wrote: https://www.ontario.ca/page/bicycle-safety

In Ontario, it is classified as a “vehicle”. The operator of bicycle needs to observe hta laws. Of course, majority of riders don’t care anyway …
Not a lawyer, but just did a quick google search. BC has

Motor Vehicle Act [RSBC 1996] Chapter 318–Part 3*
RIGHTS AND DUTIES OF OPERATOR OF CYCLE
183 (1) In addition to the duties imposed by this section, a person operating a cycle on a highway has the same rights and duties as a driver of a vehicle.

https://www.bccc.bc.ca/cycling-and-the-law
Deal Expert
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Jul 30, 2007
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No matter … nobody can touch these cyclists as they all feel they owned the roads. Smiling Face With Open Mouth And Tightly-closed Eyes
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Sep 3, 2020
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I don't understand the antagonism towards cyclists.

I always give them a wide berth and have a lot of respect for the fact that they are cyclists.

Inhaling the sh**** pollution from our autovehicles, making their way to and from their destinations with minimal carbon footprint.

They have right of way in a lane - why shouldn't they?

Do we expect them to squeeze on one side, making them vulnerable to swiping cars or careless drivers?
Deal Expert
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Oct 26, 2003
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Winnipeg
I'm interesting in finding out how this turns out. Lots people share the road but not everyone have the same burden on the road. When I visited New York they have mass pedestrian ignoring traffic lights and with so many cops around in NY, they don't even care. So, if a pedestrian got hit by a vehicle while jaywalking, should the pedestrian get billed 50% of the damage? Would that be ICBC's logic?
Deal Expert
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Oct 5, 2008
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Every time there’s a thread about cyclists the cagers come out posting BS.

The Cyclist in this case was 50% at fault hence he has a share of the bill to pay.

From what’s described in the article, it sounds like the cyclist also blew a stop sign, that’s the only way this scenario could be 50/50

Play stupid games, win stupid prizes.

If he was 0% at fault, then he’d have a beef

I’m a cyclist and a driver BTW. I don’t condone idiots in either camp.

I see way more bad drivers on any given day than cyclists
Deal Expert
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Oct 5, 2008
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booblehead wrote: The article has no real details on how this “accident “ came about. Did the mb has a dash dam ? Was the cyclist riding responsibly (asides from claiming the mb blew past a stop sign) ?

In any big cities like gta, most cyclists didn’t care much about traffic laws, for example, like 2 guys riding on major roadways and took up the entire lane while everyone has to manoeuvre around them.
Article is about BC, not GTA. The article also says the cyclist was 50% at fault.

Riding side by side is legal BTW.

Group Riding

The HTA does not explicitly forbid side by side riding.
The HTA requires that slower moving vehicles (cyclists) move to the right, but only when being passed and where practicable.
The HTA only forbids side by side riding when it impedes normal flow of traffic.
If there is not enough room for faster vehicles to safely pass, cyclists should ride single file as far right as safely practicable.
Municipalities may have specific bylaws prohibiting side by side riding.
Toronto repealed their bylaw requiring single file riding.

booblehead wrote: https://www.ontario.ca/page/bicycle-safety

In Ontario, it is classified as a “vehicle”. The operator of bicycle needs to observe hta laws. Of course, majority of riders don’t care anyway …
Irrelevant again as wrong jurisdiction as outlined above.
booblehead wrote: Well then, they are technically to ride to the right , not at the Center of the right hand lane, blocking flow of traffic.
The actual law says:

Taking the Lane

It is permissible to take the lane in Ontario and move with traffic flow.
HTA (147(1) does require bikes (and cars) that are travelling slower than the normal speed of traffic to travel in the right lane or the close to the right hand curb “where practicable”.

The words “where practicable” therefore allows cyclists to take the lane due to various road conditions that include potholes, construction, street car tracks, grates, parked cars, or other unsafe conditions on the road.


It's not up to you to judge how far to the right the cyclist should be just so you can lane split in your Porsche
booblehead wrote: No matter … nobody can touch these cyclists as they all feel they owned the roads. Smiling Face With Open Mouth And Tightly-closed Eyes
Coming from a higher than thou Porsche driver...that's rich.

Do better, or at least try to.

:facepalm:
Sr. Member
Jun 2, 2011
575 posts
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Toronto
berrytree wrote: I don't understand the antagonism towards cyclists.

I always give them a wide berth and have a lot of respect for the fact that they are cyclists.

Inhaling the sh**** pollution from our autovehicles, making their way to and from their destinations with minimal carbon footprint.

They have right of way in a lane - why shouldn't they?

Do we expect them to squeeze on one side, making them vulnerable to swiping cars or careless drivers?
Not hard to understand. They want the best of both worlds. Sometimes they use vehicle rules and sometimes they use pedestrian rules. I've seen way more cyclists go through red lights and stop signs then I've seen cars. Riding side by side causing traffic to back up and creating more pollution. Of course there's good and bad cyclist just like drivers, but they are far from angels.
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May 16, 2017
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Swerny wrote: Every time there’s a thread about cyclists the cagers come out posting BS.

The Cyclist in this case was 50% at fault hence he has a share of the bill to pay.

From what’s described in the article, it sounds like the cyclist also blew a stop sign, that’s the only way this scenario could be 50/50

Play stupid games, win stupid prizes.

If he was 0% at fault, then he’d have a beef

I’m a cyclist and a driver BTW. I don’t condone idiots in either camp.

I see way more bad drivers on any given day than cyclists
The cyclist was found 50% liable, which is not the same thing as "fault" determination. 50/50 liability can be "deemed" when there is insufficient or conflicting evidence.

There is no indication whatsoever in the article that the cyclist "blew a stop sign". As I noted, that is not the only scenario leading to 50/50.

The cyclist can't even be provided with police or ICBC documents without going through FOI to see how the determination could have been made.
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Jun 11, 2019
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North York, Toronto
berrytree wrote: I don't understand the antagonism towards cyclists.
A driver has to undergo a two year graduated licensing to fully operate a motor vehicle.

A cyclist can pull a bike off the shelf at Canadian Tire and they're on the roads with motorists.

The antagonism happens when they (far more often than not) dictate the rules of the road to motor vehicle operators, when they have no clue what the rules of the road are.

I've always asserted that if cyclists don't want to bear the brunt of a driver's disdain, it's up to the municipality to intervene and get cyclists on the same page. Until then, these clashes will happen, my side mirrors will continue to be smacked by cyclists who think they always have the right of way.

Question for cyclists, I'm attaching an image from the Ontario cyclists handbook, be honest, did you know this right of way rule?
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