A Tesla driver has lost a dispute with ICBC over a crash at a four-way intersection in Burnaby last year.
Justin Fan complained to the Civil Resolution Tribunal after ICBC found him 50 per cent responsible for the crash, which happened on Jan. 12, 2023, according to a recent tribunal ruling.
Fan told the tribunal the provincial insurer hadn’t properly investigated the crash and the other driver involved should have gotten 100 per cent of the blame.
On the day of the crash, Fan said he was driving southbound on Rosser Avenue, approaching the four-way intersection with Albert Street.
He said he came to a complete stop and, seeing no other vehicles, continued straight on Rosser.
When he was about 75 per cent through the intersection, however, Mr. Fan said his Tesla was hit by another vehicle.
The other driver, identified in the ruling only as BM, told a different story.
BM's statement to ICBC said BM had approached the intersection with Rosser Avenue and come to a complete stop.
"They said they saw Mr. Fan's vehicle to their left, which had arrived at the same time as BM," stated the ruling. "BM assumed they had the right-of-way given they were the vehicle on the right when the two vehicles arrived at the same time, so they proceeded through the intersection."
When BM looked left again, however, Fan's vehicle had also proceeded, and the two vehicles collided, according to BM's account in the ruling.
ICBC said it properly investigated the accident and reasonably held each driver equally responsible.
Tribunal vice chair Andrea Ritchie agreed.
She ruled Fan had not proven ICBC acted improperly or unreasonably.
Ritchie noted ICBC had taken statements from both drivers, but no dash camera footage or witness statements were provided.
Given the lack of independent evidence and the drivers' conflicting statements, ICBC said it was unable to determine which driver arrived at the intersection first.
Fan's vehicle was further through the intersection than BM's when the crash occurred, but Ritchie concluded that didn't mean Fan's vehicle had arrived at the intersection first.
Ritchie dismissed Fan's complaint and ordered him to pay ICBC’s tribunal fees.
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