So a drunk passenger interferes with your driving by grabbing the steering wheel and crashing the vehicle. Not only do his actions severely injure you, but in fact, he dies in the collision. This is precisely what happened in the Felix case recently decided by the BC Court of Appeal.
What legal remedy if any, could you seek for your injuries? The Supreme Court of BC dismissed Ms. Felix’s claim against ICBC, finding there was no insurance coverage for the intoxicated passenger’s actions. The case became touted as a caution to dedicated drivers transporting drunks.
Thankfully, the BC Court of Appeal reversed the lower court’s decision, finding that the drunk passenger’s actions interfered with the driver, and thus came within the definition of “use” of the vehicle. The insured driver could claim against ICBC.
D. Glenn Einfeld is a highly knowledgeable and experienced BC personal injury lawyer and BC motorcycle accident lawyer who has successfully litigated many ICBC claims and other insurance claims, including out of province claims, wrongful death, brain injury, spinal cord injury, whiplash, soft tissue injury, and all other serious injury claims.
You need someone truly on your side. Why settle for less? Contact Einfeld Law for a free, initial consultation at (250) 712-0001, visit our website at www.kelownalaw.com or find us on facebook.