A man who got into a car accident while not having a valid driver’s licence claimed ICBC unfairly found him in breach of their insurance policy.
However, because he failed to meet B.C.’s Civil Resolution Tribunal guidelines, he lost the case.
As a result of a Jan. 29, 2021, incident, Mohamadkarim Hadian filed a tribunal claim seeking a “fair decision” and reimbursement of $924.95 he paid ICBC toward third-party claims arising from the accident.
He said he should not have been found in breach of the policy.
ICBC said it properly found Hadian in breach of his insurance and that he is responsible for the amounts it paid out for the third-party claims, tribunal member Kristin Gardner said in a March 7 decision.
Gardner said the decision was made without Hadian’s participation because he failed to comply with the tribunal’s mandatory directions.
Gardner said the tribunal repeatedly emailed Hadian asking for payment of the decision fee.
A Feb. 13 email said the tribunal could dismiss, refuse to resolve, or decide the dispute without the applicant’s further participation.
“The email also asked the applicant to reply to advise whether or not they wanted to withdraw their dispute,” Gardner said.
Hadian did not respond to any of the tribunal’s emails or a voice message.
Neither party has paid the $50 decision fee.
Gardner said if she were to refuse to resolve the claim, there would be no finality to the dispute.
“I dismiss the applicant’s claims and this dispute,” Gardner said.
