B.C. driver denied faulty brakes claim after rear-ender

Faulty brakes claim denied

A B.C. driver who was found at fault for rear-ending another vehicle has lost his claim against the Insurance Corporation of B.C., after claiming the agency disposed of his vehicle without checking its brake system.

Surinder Pal Singh Aulakh filed a small claim for $5,000 against the insurer after it found him 100 per cent liable. Aulakh denied responsibility, claiming a Nissan dealership had made a faulty brake repair prior to the Feb. 9, 2022 accident.

Aulakh claimed he informed ICBC of the alleged faulty brakes; however, ICBC failed to hold on to his vehicle in order to have it inspected to start a claim against Nissan.

ICBC told the Civil Resolution Tribunal that Aulakh’s child, who owned the vehicle, signed a write-off agreement on Feb. 18, 2022, which authorized ICBC to dispose of the vehicle.

Unfortunately for Aulakh, the tribunal ruled that his claim lacked any evidence of monetary loss.

Aulakh also claimed for a statement that he would not be held liable for the accident and request that his premiums would not increase. This, noted the tribunal, is known as “injunctive relief” and “declaratory relief” and the tribunal has no jurisdiction to issue such orders.

“As noted, Mr. Aulakh provided no submissions or documentary evidence supporting a monetary loss. So, I find Mr. Aulakh has failed to prove he suffered any damages relating to his claim. Given Mr. Aulakh has not proven any damages, I must dismiss his claim. I make no findings about whether ICBC acted improperly by disposing of NA’s vehicle before Mr. Aulakh could have it inspected,” ruled the tribunal on Dec. 5.

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