Cyclists worry ICBC has no financial incentive to fault drivers who hit them

Cyclists hit with big bills for damaged cars A number of cyclists are coming forward to call out ICBC for hitting them with big repair bills after collisions with vehicles.

Several cyclists have come forward to CTV News questioning the way ICBC decides who is at fault in collisions between cars and bikes.

Alicia Sharp was hit while crossing Clark Drive using the dedicated East 10th Avenue bike route.

“I was crossing an intersection and I got hit by a car that ran a red light,” said Sharp. “Unfortunately, because I left on a stretcher, I wasn’t able to get the information of the car that hit me or any witnesses that might have seen it.”

Sharp was pregnant at the time and is extremely grateful neither she nor her unborn baby suffered serious injuries in the crash — but she may not get away completely unscathed, because there could be a financial hit.

The driver says Sharp blew through a stop sign on her bike and entered Clark Drive, a busy truck route, against the light.

“I understand that the only evidence they have is a police report that was inconclusive and conflicting statements between myself and the driver,” said Sharp. “They’re finding me at fault for the accident despite only having my statement versus the driver’s statement. They said I was at fault because I was crossing from a stop sign.”

She’s not on the hook for anything yet, but ICBC has told her she could be billed for damage to the car that hit her.

Something similar happened to Ben Chick back in 2016, after he was hit by a car while riding his bike.

“I had a broken elbow, a bruised retina, a bunch of glass in my back, a major concussion,” Chick said of his injuries.

“And then I got a bill in the mail not to long after from ICBC for $13,000 damage on the person’s car.”

It took him four years to pay off the debt and he is still living with physical impacts from the crash.

Another cyclist also finds himself on the hook for damage to the car that hit him.

Ben Bolliger took to Twitter to complain about the predicament he finds himself in after being hit by a car while riding on a Vancouver bike route in July.

He said he had severe injuries, including broken bones, and that he will never again have full range of motion in his right arm.

He’s had surgery and continues to go to physiotherapy sessions and rehab.

Bolliger says the car that him ran through a stop sign, but ICBC found him at fault, and last week he received a bill for $3,700 to cover repairs to the hood and windshield of the car that hit him.

“It financially benefits ICBC to find fault against cyclists,” said Joel Zanatta, Bolliger’s lawyer.

“They’re riding a bike because they’ve made a choice and they’re being struck by cars. They’re not being compensated, which is shocking. And then in certain cases they’re getting a bill in the mail. It’s appalling.”

In a statement to CTV News, ICBC said it thoroughly investigates accidents before determining who is at fault.

“In assessing any claim, we review all of the evidence presented to us in order to come to a fair decision,” the insurance corporation said. “This would include reports from the drivers involved, witness statements and police reports if available.”

Zanatta, founder of a firm called The Cycling Lawyer, takes issue with the way ICBC deals with cyclists.

“They’re doing it in a completely discriminatory fashion,” he said. “They’re regularly finding fault with cyclists where none existed and they’re protecting their drivers.”