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ICBC accident w/ intoxicated driver
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Hey yโ€™all. Looking for tips/advice/insights from anyone whoโ€™s been in an accident over the last few years (since the ICBC rule changes) where the other driver was intoxicated? Last year I was hit turning left during a stale yellow/red light. The driver was coming straight through uphill and was far enough away that they could not have made the light without significantly speeding. Because I was fully stopped at the light and had only just started turning as all the other cars in the intersection (including the second lane going straight through uphill) had come to a stop, the front right corner of my car took the impact rather than a full t-bone.

All parties were taken to emerge because the injuries were so severe. It was there I found out from the police that the driver was intoxicated. As time has passed, I was told by ICBC that I was 100% at fault because I was turning left (classic). I let them know the driver was intoxicated and inquired if that voided their insurance. They told me because the police didnโ€™t issue a ticket that night, they cannot use that information. I followed up with my detachment and they said there was no ticket because there was a full investigation going on.

Months and months more pass, I finally hear back from them (after several increasingly frustrated voicemails) and they let me know they sent the information to the crown who decided not to press charges. They confirmed with me that their investigation concluded the other driver was intoxicated and the lack of charges could have been decided for any number of reasons. I asked them if there was anything I could do and they told me no as their investigation is closed.

I have tried reaching out to my ICBC adjuster but have had no responses back. I was wondering if anyone has had a similar enough accident and know is there is literally ANYTHING I can do?? I consulted a friend of a friend lawyer who said after the NDP changes were made, options for moving forward in cases like these became incredibly limited, but I was hoping possibly for some sort of miracle? I had more than a decade of accident free driving prior to this and am just so baffled by what exactly my thousands and thousands of insurance dollars donโ€™t seem to be going towards.

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8 months ago