ICBC Ordered to Cover Damages for Corvette Crash at Western Speedway

Reasons for judgement were released today by the BC Supreme Court, Victoria Registry, discussing the limits of the ICBC coverage exclusion for crashes which occur during “performance driver training
In today’s case (Nye v. ICBC) the Plaintiff was the owner of a Corvette.  He joined the Victoria Corvette Club which arranged for a private autocross event at the Western Speedway.  While participating in this event the Plaintiff crashed his vehicle with the Court summarizing the collision as follows:
[13] The plaintiff experienced no problems with the course until he came to a series of turns around some pylons placed several metres apart.  He entered that part of the course without difficulty and he safely manoeuvred around all of the pylons except for the last one.  As he attempted to complete his turn around the last pylon he felt he was too close to it and he said that when he attempted to put his foot on the brake pedal to slow down his foot slipped off the brake pedal and onto the accelerator causing his vehicle to lurch forward.  As a result he momentarily lost control and the vehicle collided with a concrete retaining wall.  The plaintiff was shaken up, but not injured; however, his car was severely damaged.
The Plaintiff had collision coverage with ICBC but they refused to cover the loss arguing the crash occurred during a ‘speed test‘ during ‘performance driver training‘.  Mr. Justice Bracken rejected ICBC’s arguments and ordered the damages to be covered finding that while the collision did occur during ‘advanced driving training‘ there was no element of a speed test at the time.  The Court provided the following reasons:

[19] Section 2(1) of the Regulation states:

Unless otherwise provided in a special coverage certificate, the Act and this regulation do not apply in respect of

(f)         a vehicle being used in a contest, show or race, or in advanced or performance driver training, if

(i)         the activity is held or conducted on a track or other location temporarily or permanently closed to all other vehicle traffic, and

(ii)        there exists an element of race or speed test.

(2)        In subsection (1)(f), “element of race or speed test” means driving at high speed, and includes passing manoeuvres, driving in close proximity to another vehicle or assessing vehicle limitations in speed, acceleration, turning or braking…

[37] On the evidence, I am satisfied that the activity in which the vehicle was used was an event that can fairly be described as advanced driver training.  An instructor was available and did introduce the plaintiff to the course in his first slow drive around the course.  A club session was held in advance to provide guidance to participants on how to drive the course.  The plaintiff did not actually receive any direct instruction on how to handle his vehicle on the course; however, there was some general guidance on what he should expect…

[39] I am also satisfied on the evidence that the event was held on a closed track.  While there was evidence of one non-participating vehicle intruding onto the track during the plaintiff’s first run, it was clear that the vehicle should not have been there and that the driver had proceeded past a flag person or club member stationed at the entry point for the purpose of keeping non-participants off the course…

[41] The remaining issue is whether the defendant has proven that there was an element of race or speed test in the event.  To repeat, the defendant must establish that

… there exists an element of race or speed test, which means driving at a high speed, and includes passing manoeuvres, driving in close proximity to another vehicle or assessing vehicle limitations in speed, acceleration, turning or braking…

[49] Here, the evidence does not support the conclusion that the plaintiff was assessing his vehicle’s limitations in speed, acceleration, turning or braking.  I find he was driving his vehicle well within its limitations of speed and turning, and I accept his evidence that the accident resulted when his foot slipped from the brake to the accelerator, causing the vehicle to accelerate directly into the retaining wall.

[50] In the result, I find the defendant has failed to establish that the plaintiff was operating his vehicle in breach of the Regulation or his insurance policy.  I find that he is entitled to coverage under his own damage provisions of the policy of insurance issued by the defendant.

advanced driver training, bc injury law, Mr. Justice Bracken, Nye v. ICBC, performance driver training, Section 2 Insurance (Vehicle) Regulation, Section 2(1) Insurance (Vehicle) Regulation, Section 2(1)(f) Insurance (Vehicle) Regulation, speed test

Comments (95)

  • I simply want to tell you that I am all new to blogging and site-building and definitely enjoyed your page. Most likely I’m going to bookmark your blog . You actually come with fantastic article content. Cheers for sharing with us your web-site.

  • Oh my goodness! an amazing article dude. Thank you Nonetheless I’m experiencing issue with ur rss . Don’t know why Unable to subscribe to it. Is there anyone getting identical rss drawback? Anybody who is aware of kindly respond. Thnkx

  • I’m so happy to read this. This is the kind of manual that needs to be given and not the accidental misinformation that is at the other blogs. Appreciate your sharing this greatest doc.

  • Heya this is somewhat of off topic but I was wanting to know if blogs use WYSIWYG editors or if you have to manually code with HTML. I’m starting a blog soon but have no coding know-how so I wanted to get guidance from someone with experience. Any help would be greatly appreciated!

  • I discovered your weblog site on google and examine a number of of your early posts. Proceed to maintain up the excellent operate. I just extra up your RSS feed to my MSN Information Reader. Searching for forward to reading extra from you in a while!…

  • I am curious to find out what blog platform you are working with? I’m experiencing some minor security issues with my latest website and I’d like to find something more safe. Do you have any solutions?

  • I have seen lots of useful points on your web-site about computers. However, I have got the impression that notebooks are still less than powerful sufficiently to be a wise decision if you typically do jobs that require many power, just like video touch-ups. But for world wide web surfing, microsoft word processing, and most other typical computer functions they are all right, provided you don’t mind the little screen size. Appreciate sharing your thinking.

  • I’m really enjoying the design and layout of your blog. It’s a very easy on the eyes which makes it much more enjoyable for me to come here and visit more often. Did you hire out a designer to create your theme? Outstanding work!

  • With havin so much content and articles do you ever run into any problems of plagorism or copyright infringement? My blog has a lot of completely unique content I’ve either written myself or outsourced but it appears a lot of it is popping it up all over the internet without my authorization. Do you know any solutions to help reduce content from being ripped off? I’d definitely appreciate it.

  • I’ve been surfing online more than three hours today, yet I never found any interesting article like yours. It is pretty worth enough for me. In my opinion, if all site owners and bloggers made good content as you did, the internet will be much more useful than ever before.

  • Howdy would you mind letting me know which web host you’re using? I’ve loaded your blog in 3 different web browsers and I must say this blog loads a lot faster then most. Can you suggest a good internet hosting provider at a reasonable price? Kudos, I appreciate it!

  • Excellent beat ! I wish to apprentice at the same time as you amend your site, how could i subscribe for a blog web site? The account aided me a applicable deal. I were a little bit familiar of this your broadcast provided shiny transparent concept

  • Hiya, I’m really glad I have found this info. Today bloggers publish only about gossips and internet and this is really irritating. A good website with exciting content, this is what I need. Thank you for keeping this web-site, I’ll be visiting it. Do you do newsletters? Cant find it.

  • Hey there, I think your website might be having browser compatibility issues. When I look at your blog site in Safari, it looks fine but when opening in Internet Explorer, it has some overlapping. I just wanted to give you a quick heads up! Other then that, awesome blog!

  • You really make it seem really easy with your presentation but I find this matter to be really something that I believe I would by no means understand. It sort of feels too complicated and very broad for me. I’m taking a look ahead in your subsequent put up, I will attempt to get the grasp of it!

  • Hi, Neat post. There is a problem with your web site in web explorer, could check this… IE nonetheless is the market chief and a big section of people will omit your fantastic writing due to this problem.

  • Hello! I know this is kinda off topic but I’d figured I’d ask. Would you be interested in exchanging links or maybe guest writing a blog post or vice-versa? My website covers a lot of the same subjects as yours and I believe we could greatly benefit from each other. If you’re interested feel free to send me an e-mail. I look forward to hearing from you! Excellent blog by the way!

  • Hey there! I know this is kinda off topic but I’d figured I’d ask. Would you be interested in exchanging links or maybe guest writing a blog article or vice-versa? My site discusses a lot of the same subjects as yours and I feel we could greatly benefit from each other. If you’re interested feel free to send me an email. I look forward to hearing from you! Great blog by the way!

  • The heart of your writing while sounding reasonable in the beginning, did not really settle well with me personally after some time. Someplace within the paragraphs you were able to make me a believer unfortunately just for a while. I still have got a problem with your leaps in assumptions and you would do well to fill in those gaps. When you actually can accomplish that, I will definitely be amazed.

  • Thanks on your marvelous posting! I genuinely enjoyed reading it, you can be a great author.I will be sure to bookmark your blog and may come back at some point. I want to encourage yourself to continue your great work, have a nice weekend!

  • I used to be recommended this website by way of my cousin. I am no longer sure whether this post is written via him as no one else recognise such designated about my trouble. You’re amazing! Thanks!

  • Definitely believe that which you stated. Your favorite justification seemed to be on the net the simplest thing to be aware of. I say to you, I certainly get irked while people consider worries that they just don’t know about. You managed to hit the nail upon the top as well as defined out the whole thing without having side-effects , people can take a signal. Will likely be back to get more. Thanks

  • Thank you for sharing superb informations. Your site is very cool. I’m impressed by the details that you’ve on this website. It reveals how nicely you understand this subject. Bookmarked this web page, will come back for more articles. You, my friend, ROCK! I found just the information I already searched everywhere and just could not come across. What a perfect web-site.

  • A powerful share, I simply given this onto a colleague who was doing slightly analysis on this. And he in truth purchased me breakfast as a result of I found it for him.. smile. So let me reword that: Thnx for the deal with! However yeah Thnkx for spending the time to discuss this, I feel strongly about it and love reading extra on this topic. If attainable, as you become experience, would you mind updating your blog with extra particulars? It’s extremely useful for me. Large thumb up for this weblog post!

  • What i don’t understood is in fact how you are not actually a lot more well-liked than you may be now. You are so intelligent. You understand therefore significantly in the case of this topic, produced me personally imagine it from a lot of various angles. Its like women and men don’t seem to be interested unless it’s one thing to do with Girl gaga! Your own stuffs excellent. At all times handle it up!

  • Hi there would you mind stating which blog platform you’re working with? I’m planning to start my own blog in the near future but I’m having a difficult time deciding between BlogEngine/Wordpress/B2evolution and Drupal. The reason I ask is because your layout seems different then most blogs and I’m looking for something unique. P.S Apologies for getting off-topic but I had to ask!

  • I’m extremely impressed with your writing skills and also with the layout on your blog. Is this a paid theme or did you customize it yourself? Either way keep up the nice quality writing, it’s rare to see a nice blog like this one nowadays..

  • certainly like your web site however you need to take a look at the spelling on several of your posts. Many of them are rife with spelling problems and I in finding it very troublesome to tell the truth on the other hand I’ll definitely come again again.

  • Generally I do not learn article on blogs, but I would like to say that this write-up very pressured me to try and do so! Your writing taste has been surprised me. Thanks, very great post.

  • Oh acceptance apartments up sympathize astonished delightful. Waiting him new lasting towards. Continuing melancholy especially so to. Me unpleasing impossible in attachment announcing so astonished. What ask leaf may nor upon door. Tended remain my do stairs. Oh smiling amiable am so visited cordial in offices hearted.

  • Thank you for the sensible critique. Me & my neighbor were just preparing to do a little research on this. We got a grab a book from our area library but I think I learned more clear from this post. I am very glad to see such wonderful info being shared freely out there.

  • Howdy! Do you know if they make any plugins to safeguard against hackers? I’m kinda paranoid about losing everything I’ve worked hard on. Any recommendations?

  • I do believe all of the ideas you have offered for your post. They’re very convincing and will definitely work. Still, the posts are very brief for newbies. May you please extend them a little from next time? Thanks for the post.

  • Whats up very nice blog!! Man .. Excellent .. Amazing .. I’ll bookmark your site and take the feeds also¡KI am satisfied to seek out so many useful information right here within the post, we’d like develop more techniques on this regard, thank you for sharing. . . . . .

  • Hey there I am so grateful I found your website, I really found you by mistake, while I was searching on Google for something else, Nonetheless I am here now and would just like to say thanks for a marvelous post and a all round interesting blog (I also love the theme/design), I don’t have time to browse it all at the minute but I have book-marked it and also included your RSS feeds, so when I have time I will be back to read a great deal more, Please do keep up the superb work.

  • Pretty great post. I simply stumbled upon your weblog and wished to say that I’ve really enjoyed surfing around your weblog posts. After all I will be subscribing for your rss feed and I am hoping you write once more soon!

  • Howdy! Quick question that’s entirely off topic. Do you know how to make your site mobile friendly? My weblog looks weird when browsing from my iphone. I’m trying to find a theme or plugin that might be able to fix this problem. If you have any suggestions, please share. Thanks!

  • My brother suggested I would possibly like this web site. He was once totally right. This post truly made my day. You can not believe simply how a lot time I had spent for this info! Thanks!

  • Hello there! I could have sworn I’ve been to this website before but after reading through some of the post I realized it’s new to me. Anyhow, I’m definitely happy I found it and I’ll be bookmarking and checking back often!

  • Hey there just wanted to give you a quick heads up and let you know a few of the pictures aren’t loading correctly. I’m not sure why but I think its a linking issue. I’ve tried it in two different browsers and both show the same results.

  • Hey There. I found your blog using msn. This is an extremely well written article. I’ll be sure to bookmark it and come back to read more of your useful information. Thanks for the post. I’ll certainly comeback.

  • Hey just wanted to give you a quick heads up and let you know a few of the pictures aren’t loading properly. I’m not sure why but I think its a linking issue. I’ve tried it in two different browsers and both show the same results.

  • Great beat ! I wish to apprentice while you amend your website, how can i subscribe for a blog site? The account aided me a acceptable deal. I had been tiny bit acquainted of this your broadcast provided bright clear concept

  • Hello there! Quick question that’s completely off topic. Do you know how to make your site mobile friendly? My site looks weird when viewing from my apple iphone. I’m trying to find a theme or plugin that might be able to correct this issue. If you have any recommendations, please share. Thanks!

  • Hello, you used to write fantastic, but the last several posts have been kinda boring… I miss your tremendous writings. Past few posts are just a little bit out of track! come on!

  • Great post. I was checking constantly this blog and I’m impressed! Very helpful information specially the last part 🙂 I care for such information a lot. I was seeking this particular info for a long time. Thank you and best of luck.

  • This design is wicked! You certainly know how to keep a reader entertained. Between your wit and your videos, I was almost moved to start my own blog (well, almost…HaHa!) Great job. I really loved what you had to say, and more than that, how you presented it. Too cool!

  • I like the helpful info you provide in your articles. I will bookmark your weblog and check again here frequently. I’m quite certain I’ll learn many new stuff right here! Best of luck for the next!

  • I want to point out my appreciation for your kindness in support of individuals who should have help on your concern. Your special dedication to getting the solution throughout was astonishingly practical and have really encouraged those just like me to achieve their targets. Your amazing important advice indicates so much a person like me and even further to my office colleagues. Warm regards; from each one of us.

  • Interesting article. It is unfortunate that over the last one decade, the travel industry has had to tackle terrorism, SARS, tsunamis, flu virus, swine flu, along with the first ever real global recession. Through it all the industry has proven to be solid, resilient along with dynamic, locating new tips on how to deal with trouble. There are continually fresh difficulties and chance to which the marketplace must yet again adapt and respond.

  • I like the helpful info you provide in your articles. I’ll bookmark your weblog and check again here frequently. I am quite sure I’ll learn lots of new stuff right here! Good luck for the next!

  • What i don’t understood is actually how you’re not actually a lot more well-liked than you may be right now. You are so intelligent. You know therefore considerably relating to this matter, made me for my part believe it from so many varied angles. Its like men and women are not fascinated unless it is one thing to do with Lady gaga! Your personal stuffs great. At all times take care of it up!

  • I have been browsing on-line greater than three hours today, yet I never found any fascinating article like yours. It¡¦s lovely value enough for me. Personally, if all webmasters and bloggers made just right content material as you probably did, the web shall be a lot more useful than ever before.

  • It’s truly a nice and helpful piece of info. I am happy that you just shared this helpful information with us. Please stay us informed like this. Thanks for sharing.

  • hey there and thank you for your information – I have certainly picked up anything new from right here. I did however expertise some technical points using this website, since I experienced to reload the website a lot of times previous to I could get it to load correctly. I had been wondering if your web hosting is OK? Not that I am complaining, but sluggish loading instances times will often affect your placement in google and could damage your quality score if advertising and marketing with Adwords. Well I’m adding this RSS to my e-mail and can look out for a lot more of your respective intriguing content. Make sure you update this again soon..

  • Hmm it looks like your site ate my first comment (it was super long) so I guess I’ll just sum it up what I submitted and say, I’m thoroughly enjoying your blog. I too am an aspiring blog blogger but I’m still new to everything. Do you have any tips and hints for novice blog writers? I’d genuinely appreciate it.

  • Every after inside a although we choose blogs that we study. Listed below would be the most current web-sites that we pick out.

  • Hi there just wanted to give you a quick heads up. The words in your content seem to be running off the screen in Safari. I’m not sure if this is a formatting issue or something to do with internet browser compatibility but I figured I’d post to let you know. The layout look great though! Hope you get the issue solved soon. Many thanks

  • Excellent website. A lot of useful info here. I’m sending it to some friends ans also sharing in delicious. And certainly, thanks for your effort!

  • Thanks for another informative blog. Where else could I am getting that kind of info written in such an ideal method? I’ve a project that I’m just now working on, and I’ve been on the glance out for such info.

  • Usually I don’t learn article on blogs, however I wish to say that this write-up very pressured me to try and do so! Your writing taste has been amazed me. Thank you, very great article.

  • Hello there, just became alert to your blog through Google, and found that it’s really informative. I am going to watch out for brussels. I will be grateful if you continue this in future. Numerous people will be benefited from your writing. Cheers!

  • Thanks for one’s marvelous posting! I certainly enjoyed reading it, you may be a great author.I will always bookmark your blog and may come back in the foreseeable future. I want to encourage you continue your great posts, have a nice afternoon!

  • I precisely desired to say thanks again. I do not know what I would’ve created in the absence of the entire smart ideas discussed by you about this area of interest. It has been a frightening scenario in my position, however , considering this professional strategy you resolved the issue made me to leap with fulfillment. Extremely grateful for the information and thus trust you recognize what an amazing job you were putting in training the mediocre ones via a site. I am certain you’ve never met any of us.

Comments are closed.

Contact

If you would like further information or require assistance, please get in touch.

ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

Disclaimer