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Class Act: ICBC reduces claim for hit-and-run driver because he was ‘nice’, ‘chiropractor’

Richmond, British Columbia — Good news for any bad drivers/human beings in British Columbia, ICBC is offering reduced penalties for hit-and-runs if you can prove that you still have like, a pretty sick vibe.

A family in Richmond, B.C. is outraged with their province’s public insurer after a hit-and-run incident in which a 67-year-old woman was hit by a motorcycle was met with a questionable response for why the family would only be receiving 50 percent of their claim amount.

Soheil August Biniaz said his mother, Manijeh Dalirazar, was making a left turn on her bicycle out of the bed and breakfast that she runs in Richmond when she was hit by a motorcycle.

He says that the driver stopped briefly and spoke to Dalirazar, but rode away when he saw that she was able to stand, and did not offer to call for any medical assistance or offer any insurance information.

“He never gave his licence to her, never shared information. Luckily my mom got up and took a picture of his licence plate… And that’s how things came about,” said Biniaz.

“So, we thought right away that the decent thing to do would have been for (the motorcycle driver) to either call an ambulance, call the police, to make sure my mom is okay and walk her home…or at the bare minimum to file a claim, at least call ICBC.”

When Biniaz reported the event on his mother’s behalf to ICBC the next day, he says that the interaction felt “interrogatory”, and that the adjusters had already taken the side of the motorcyclist.

“She (the adjustor) said…‘In my investigation, and in my talks with the motorcycle driver—in my investigation, he’s a very nice man, he’s a decent man, he’s a chiropractor, (and) his story is a bit different than your mom’s. He said that your mom, rather than turning left, just erratically jumped in front of his bike, so we believe him,’” said Biniaz.

Despite avoiding any severe injuries, Biniaz and his mother are still trying to put pressure on ICBC for what they consider adequate compensation, after the incident still left Dalirazar with a limp and, ironically, in need of regular chiropractic work.

“My four complaints would be the time it took, the initial process of the investigation, the final decision that was made, the amount the cap was reduced because of the niceness of the (motorcyclist), and then the amount of the cap itself,” said Biniaz.

In regards to the complexities in determining liability, ICBC responded to questions with this:

“We assess the facts presented and review all objective evidence available. We consider the rules of the road, physical evidence and witness statements. In this case, the two parties involved gave different descriptions of what occurred, and there were no independent witnesses to help determine which version of the incident was more likely to be accurate.”

The insurance agency said it explained to Dalirazar, Binaz’ mother, that her injuries fell under the minor injury cap of $5,627, and she received $2,813.50 based on the 50/50 liability decision.

“We also advised the customer that she could continue with her therapy as needed and we provided information on how to dispute her claim through the Civil Resolution Tribunal process,” the ICBC spokesperson said.

Biniaz said they may decide to appeal the decision.

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