How Impaired Driving Leads To Denial of ICBC’s Insurance Coverage
Residents of British Columbia appreciate the fact that anyone caught driving with a criminal level of alcohol in his or her blood should, in the event of an accident, not be provided with access to ICBC’s insurance coverage. Yet ICBC’s decision to deny such coverage does not have to accompany the handing-over of a police citation.
A closer look at the introductory sentences:
A slight inference can lead to announcement of a breach of coverage by ICBC. That inference must suggest that a particular driver was impaired. In other words, he or she could not exhibit the quick actions that are expected in a skilled driver.
If ICBC has established the existence of such an inference, then it can act to deny delivery of its usual coverage. More importantly, that denial might last far longer than the affected driver has expected it to remain in force. That driver might think that the denial will get dismissed when he or she hears that law enforcement authorities have dismissed their earlier charge.
In other words, officers of the law do not determine which drivers should be denied insurance coverage, in the event of an accident. Instead, ICBC makes that decision. Furthermore, it is not easy to have the decision overturned.
What sort of evidence/inference could have the ability to sway one of ICBC’s reviewers?
That evidence could come from the results of a breathalyzer test, one carried out by the side of the road. That test might show that a tested driver had at least .05% alcohol in his or her bloodstream. In the eyes of the Insurance Corporation of British Columbia (ICBC), that test result can be used as grounds for denying the impaired driver’s insurance coverage, in the event of an accident. Talk with an Accident Lawyer in Kelowna to know more about it.
How must ICBC prove in court the correctness of its action?
It has to convince a judge and jury of the balance of probabilities. In addition, the insurer’s evidence must be accompanied by proven facts, regarding the impaired driver’s driving patterns. If those patterns do not support an allegation of impaired driving, a judge may rescind any earlier declaration, regarding the denial of driving privileges to certain drivers in the province of British Columbia.
Could a judge let an inebriated driver on the road, by following the pattern outlined in the previous paragraph? No, an inebriated driver exhibits a driving pattern that is far more distinctive than that of a driver that meets the definition of impaired, according to ICBC’s standards.
Still, a court would undoubtedly acknowledge the balance of probabilities, if a breathalyzer test showed a driver to have a blood alcohol level of .05% or more. In other words, a court would be apt to support the denial of coverage to the tested and apparently impaired driver.