British Columbia's Civil Resolution Tribunal has overturned ICBC's finding that a motorist was fully at fault for a 2024 parking-lot collision.
The tribunal reduced the applicant's responsibility from 100% to 50%, finding the insurer's fault determination unreasonable. The decision, issued June 18, 2026, gives claims professionals a sharp reminder about weighing conflicting evidence and unusual road conditions.
The dispute arose from a March 16, 2024 collision as the applicant left a parking lot in Coquitlam, British Columbia. A vehicle ahead signalled a left turn; the applicant moved right, and her front right bumper struck the front left bumper of another driver, identified as SC, who was not a party to the dispute. ICBC found the applicant 100% responsible for changing lanes when it was unsafe to do so.
The applicant disputed that finding, arguing the road's faded lines meant there was effectively one lane, not two. She sought reimbursement of her $500 deductible and an unspecified amount for increased premiums.
Tribunal Member Amanda Binnie found ICBC's investigation was not improper - relying on accident-scene photos rather than attending the site was reasonable. The determination was another matter. The tribunal found ICBC ignored significant issues with the other driver's evidence, including conflicts over whether that driver was moving or stopped, the colour of the light, and whether the drivers exchanged information. Photos showed the applicant's turn signal illuminated and the other vehicle partly in a pedestrian walkway.
The tribunal also found ICBC failed to address the area's unusual layout, where fading lines and an absence of markings after an intersection led drivers to treat the exit as a single lane. Concluding that the insurer's "determination was not reasonable," the tribunal made its own assessment of fault.
Because the roadway was not marked into lanes at the collision point, the tribunal found the applicant did not breach the lane-change rule ICBC had relied on. Even so, she was negligent for moving right without checking for other vehicles. The other driver was also negligent, having driven onto the walkway to pass and failed to see the applicant's signal. Unable to determine which driver was more at fault, the tribunal apportioned responsibility equally.
ICBC had agreed to adjust the applicant's deductible and any premium increase in line with the decision, so those claims were dismissed as moot. The tribunal ordered ICBC to amend its internal responsibility assessment to 50% within 30 days and to reimburse $67.50 in tribunal fees.
The decision is validated and enforceable through the Provincial Court of British Columbia.
