Protecting Your Interest After a Hit & Run

Intersection CrashIn response to hearing the siren of an approaching fire engine, Cindy Li slowed in preparation to yield to it. While her vehicle was still moving, it was struck from behind by another car. She stopped, exited her car, walked back to the other car and spoke to the young male driver, requesting that he pull over to exchange information. As she returned to her car, the male drove around her and disappeared from sight.

Ms. Li went to the fire hall and spoke with a captain there. The captain told her that one of the firemen on the truck witnessed the collision. She obtained the captain’s name and telephone number and reported the collision to ICBC. The collision was not reported to the police nor was there any information obtained from other motorists present at the collision.

After participating in the claims process ICBC told Ms. Li that she had not fulfilled her obligations to identify the offending driver and denied the claim as a hit and run. Li would have to proceed as a normal collision claim and as she did not have collision coverage, would have to pay for the damages herself. She sued ICBC in B.C. Supreme Court saying that she did what she could and ICBC should have advised her that she needed to do more. The court did not agree and dismissed the suit.

The Insurance (Vehicle) Act requires that the victim of a hit and run must make all reasonable efforts to discover who the driver and owner of the suspect vehicle is and satisfy the court that the identity of those persons cannot be found. If you were unable to find information at the scene initially, you might consider canvassing nearby homes or businesses, placing an ad in the newspaper or posting a sign requesting help. It is also wise to report the incident to police and ICBC immediately.

Reference Links:

  • Cst. Tim Schewe (Ret.) runs DriveSmartBC, a community web site about traffic safety in British Columbia. For 25 years, he was an officer with the Royal Canadian Mounted Police, including five years on general duty, 20 in traffic and ten as a collision analyst responsible of conducting technical investigations of collisions. He retired from policing in 2006 but continues to be active in traffic safety through the DriveSmartBC web site, teaching seminars and contributing content to newspapers and web site.



Abbotsford Police are seeing success with their annual “Driving Excuses” social media campaign.

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Warm weather leads to hot heads on Ontario roads

TORONTO, CNW – Young drivers in Ontario have plenty of gripes about other drivers on the road, and tempers could flare this summer as construction related delays add to driver frustration. According to the ingenie Road Rage Report, summer is the most infuriating driving season; 58% of young drivers are frustrated by construction related delays in the summer while only 18% are bothered by bad weather in the winter.

“Nobody likes traffic delays and cranky drivers can lead to conflict on the road. But, as a driver your top priority needs to be safety. It’s important not to let emotions get the best of you,” says Lorie Phair, CEO of ingenie Canada, a telematics based auto insurance provider for Ontario drivers aged 16 to 24. “Keep a cool head, and don’t let outside influences take over. Instead, concentrate on what you can control, which is your own driving.”

Results from the ingenie Road Rage Report

Young Ontario drivers name the top 5 annoying behaviours by other drivers as:

  • Being rude on the road (81%)
  • Using their phones (77%)
  • Tailgating (74%)
  • Failing to signal (73%)
  • Braking suddenly (70%)

Tempers flare fast – even in the drive-thru

  • What infuriates young drivers the most? City driving.
  • The most frustrating settings for young drivers are city streets (82%), highways (47%) and parking lots (32%).
    • Road rage isn’t always limited to the roads: 3% of young drivers admit they get frustrated with other drivers even in drive-thrus.
  • 60% of young drivers are also irritated by cyclists who do not obey the rules of the road.
  • One in five drivers (20%) surveyed admit their tempers flare faster when driving than in other settings.

Young drivers admit to bad behaviour

While Ontario drivers get mad at rude drivers, they don’t deny adding to the inhospitable environment on the road. Many admit they have taken frustration out on other drivers with behaviour such as:

  • Beeping at other drivers (51%)
  • Flashing their lights at other drivers (29%)
  • Making offensive hand gestures at other drivers (14%)
  • On the more extreme end, 5% of Ontario young drivers admit they have used their car to intimidate other drivers. In fact, 37% of young drivers rated their level of road rage to be medium to high.

“As a driver, you are responsible for controlling your own vehicle. It’s an important duty that requires your complete attention,” says Phair. “While you may become annoyed by other drivers’ bad habits, it’s not your responsibility to reprimand them. Don’t get emotional, just focus on the task at hand – arriving at your destination safely.”

ingenie offers the following six tips to help young drivers stay cool on the roads this summer:

  1. Plan your route in advance: If you know of one or two alternative routes, you can change course if you hit bad traffic.
  2. Leave early: It’s easier to stay calm when you aren’t worried about being late.
  3. Be considerate to other drivers: Be the change you would like to see on the road! Let someone merge ahead of you. Getting a smile or a ‘thank you’ for being considerate may restore your faith in other drivers.
  4. Get a good night’s sleep: We all get cranky when we’re tired. Not only do you need to be alert when you’re driving but getting enough sleep can help keep you calm behind the wheel.
  5. Don’t drive if you’re in a bad mood: A stressful day can contribute to road rage, so make sure you’re in a good head space before you take the wheel. Try putting on some relaxing music if you feel yourself becoming frustrated.
  6. Don’t let hungry turn to hangry: Be sure to stop along the route to eat something. This way you’ll manage frustration that hunger adds to driving and avoid getting hangry.

Take a 10 question quiz at to rate your road rage and find out how well you keep your cool while driving. Follow the conversation about Road Rage online using the hashtag #keepcool.

About ingenie

ingenie is an innovative young driver insurance brand that uses telematics technology to reward safe driving with savings. ingenie builds a picture of a driver’s individual style, awareness and safety on the road, rewarding those who drive well with up to an extra 25% Good Driving Discount and helping those who need improvement become safer. ingenie was awarded the prestigious Prince Michael International Road Safety Award in 2013, in recognition of its work to help make young drivers safer on the road. Among a number of industry awards, ingenie has won best start-up at the 2014 British Insurance Awards and insurance innovation of the year at the Insurance Times Awards. To learn more about ingenie, or to get an online quote, visit or call 184-ingenie-1 (1-844-643-6431).

ingenie Social Media

Like ingenie on Facebook at
Follow ingenie on Twitter @ingenie_ca

About the ingenie Road Rage Report

Results are based on an online survey conducted for ingenie by Student Life Network between May 25 to May 26, 2015. A total of 604 interviews were collected from Ontario students who are licensed drivers.

SOURCE ingenie

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ICBC’s tips for teaching your teen to be a safe driver

ICBC’s tips for teaching your teen to be a safe driver

Every day in B.C., 129 teens get their learner’s licence. With students out for summer break, that number peaks in our province as teens are eager to spend their free time learning to drive and becoming more independent.

In an ICBC survey, 29 per cent of parents surveyed believed their teens had picked up a bad driving habit from them. The most common habits were speeding, not coming to a complete stop, impatience, eating while driving and not shoulder checking. Survey respondents also revealed that if they could teach their teen over again, they would enroll them in professional driving lessons.

ICBC’s top five tips for parents:

1. Set a good example: Once your teen has passed the knowledge and vision tests, they’ll get a class 7 learner’s licence and can now get behind the wheel with a qualified supervisor. Review your teen’s copy of ICBC’s Tuning Up for Drivers guide to brush up on the rules of the road, work on any bad driving habits and learn about the restrictions of each stage of the graduated licensing program so that you can make sure your teen follows them.

2. Gearing up: The type of car your teen learns to drive on can make a big difference. It’s best to learn on a vehicle that’s a manageable size, has good visibility, an automatic transmission and as many safety features as possible. Begin your driving lessons on roads with minimal traffic and avoid rush hour congestion to help build your teen’s confidence and ease their nerves.

3. Call in the experts: To help your teen gain as much driving experience as possible consider signing them up for lessons through a professional driving school if you can. Instructors can be objective without the emotion that’s often involved in parent-teen relationships. If you do choose this route, stay involved and discuss what they’re learning.

4. Test it out: To prepare for your teen’s road test, practice driving as much as possible at different times of the day, in different weather and road conditions and in unfamiliar neighbourhoods. That way they’ll be prepared for whatever conditions they encounter on the day of their road test. Teens can also take ICBC’s road ready quiz to help them avoid common driving mistakes.

5. Keep them safe: Once your teen has passed their class 7 road test and can now drive without a supervisor, consider creating a family contract. It helps set out your expectations of your teen, the responsibilities you want them to show on the road and the consequences for breaking those rules.

If your teen will be driving your vehicle, review your insurance coverage. If your vehicle is rated in an experienced rate class (all drivers in a household with at least 10 years’ driving experience), you’ll need to change the rate class.

Teens can find the redesigned practice knowledge test, video driving tips and road signs practice test on The practice knowledge test can also be downloaded as an app free from the Apple App

Media contact:
Lindsay Olsen

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Regulatory Spotlight On Usage-Based Automobile Insurance In Ontario And Quebec

By Michael Garellek and Joey Suri (Articling Student)

Gowling Lafleur Henderson LLP

Many Canadian automobile drivers have now enrolled in usage-based insurance (“UBI“) programs to benefit from a discount on their insurance premiums. Using telematics, UBI programs record several factors such as acceleration, hard braking, mileage driven, time of day travelled and sharp turns to analyze driving behaviour and reward safe driving. New technology now allows smartphone applications to track such driving habits.

Currently, only certain insurers in the provinces of Ontario and Quebec offer such UBI programs. Similar programs are expected to launch in the provinces of Alberta and Nova Scotia in the upcoming year.

This technology can be particularly useful for certain groups of consumers, such as younger drivers, allowing insurers to set a premium based on their actual driving habits rather than statistics drawn from other drivers of a similar demographic.. The Financial Services Commission of Ontario (“FSCO“) has stated that these programs also incite safe driving practices and could result in fewer accidents on the road.

However, concerns have been raised regarding the use of this technology, particularly regarding privacy and the use of the collected data.

Personal information

In a bulletin published concerning UBI’s in October 2013, FSCO stated that the data collected through UBI technologies should be treated as “personal information” as defined in the Personal Information Protection and Electronic Documents Act, and that insurers must comply with all applicable legislation. This legislation includes requirements that organizations obtain an individual’s consent to collect, use or disclose his personal information, and use appropriate safeguards to protect any personal information held by organizations.

FSCO expects insurers to disclose the impact of the operation of the vehicle by a person other than the policyholder. Furthermore, in Ontario, pricing programs related to UBI must be filed and approved by FSCO’s Superintendant and where the enrollment discount is only offered for one term, or where the impact of the actual pricing program discount is expected to differ materially from the enrollment discount, the insurer will be required to submit annual reports to the Superintendent.

Following in the footsteps of FSCO, the Autorité des marches financiers (“AMF“), which regulates the automobile insurance industry in Quebec, published on April 9, 2015, a Notice regarding the offering of usage-based automobile insurance products (“Notice“), outlining its expectations for UBI programs. Similarly, it stated that the collected data must be treated as “personal information” and that insurers must comply with the provisions of An Act respecting the protection of personal information in the private sector.

Regulatory oversight

The AMF is of the opinion that the existing supervisory framework, in particular the Sound Commercial Practices Guideline and the Outsourcing Risk Management Guideline, apply to UBI programs.

The AMF, like FSCO, states that participation by consumers in UBI programs should be done on a voluntary basis only, and expects them to be properly informed about the program and the changes made to it during the term of the insurance contract. For instance, it expects consumers to be informed of:

  • program eligibility criteria;
  • type of data collected;
  • use of data (e.g., as part of an investigation for the settlement of a claim, where applicable);
  • impact of data on automobile insurance premiums;
  • period used for insurance premium reviews.

Regulators expect insurers to make the consumer’s UBI data accessible to them. In our view, the advent of smartphone UBI apps will make it easier to comply with this requirement. They also expect insurers to cease receiving data once the consumer opts out of a UBI program, and that data should not be used to decline, terminate or refuse to renew an insurance policy.

It is interesting to note that earlier this year, the Société d’assurance automobile du Québec (the “SAAQ“), Quebec’s public automobile insurance plan, announced a voluntary UBI program to be introduced in 2016. The SAAQ and the Quebec Transport Ministry have also indicated that the tracking device may become mandatory for convicted dangerous drivers.

We can assist insurers with any regulatory issues related to UBI and in ensuring their programs are compliant with the applicable privacy laws.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Source: Mondaq

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CounterAttack roadchecks begin July 1st

CounterAttack roadchecks begin July 1st


During the summer months, one person is killed every three days in impaired-related crashes in B.C. That’s why the B.C. government, ICBC and police will be kicking off the CounterAttack campaign on July 1st to keep impaired drivers off our roads this summer.

Whether you’re out golfing, boating or at a BBQ with friends, everyone needs to plan ahead for a safe ride home this summer – arrange a designated driver, call a taxi or take transit. Police will be looking for impaired drivers at CounterAttack roadchecks across the province.

With so many options to get home safely, there is no excuse to drive while impaired. But some drivers still aren’t getting the message – here are the top excuses given by impaired drivers to police at CounterAttack roadchecks:

  • “My girlfriend was too drunk to make it home from the bar, so I’m going to pick her up.”
  • “I’m an idiot!”
  • “But I have a driver’s licence, no one else had a driver’s licence!”
  • “I don’t feel drunk!”
  • “I’m only two blocks from home.”
  • “Mom told me to bring the truck home.”
  • “I had to pick up my husband.”

ICBC supports CounterAttack with funding for enhanced police enforcement and an education campaign which promotes the use of designated drivers. Learn interesting facts in ICBC’s infographic and get tips on


“We’ve seen significant reductions in alcohol-related fatalities in B.C. since we introduced tougher legislation – and in addition, we have hundreds of officers trained to assess drug impairment and remove drugged drivers from our roads immediately,” said Suzanne Anton, Attorney General and Minister of Justice. “But some people still aren’t taking the issue seriously. That’s why we’ll continue to support enhanced enforcement to intercept those who put other road users in danger.”

“Too many families are suffering from the tragic loss of a loved one in an impaired related crash,” said Todd Stone, Minister of Transportation and Infrastructure. “Help keep your loved ones safe on our roads by making sure you have a plan to get home safely before you head out.”

“Driving while impaired or riding with someone who is impaired is never worth the risk,” said Chief Officer Neil Dubord, Chair of the B.C. Association of Chiefs of Police Traffic Safety Committee. “Not only do you risk killing yourself or someone else, but the trauma and financial costs of a crash or arrest are significant and can last a lifetime. Police across B.C. will be looking for impaired drivers at CounterAttack roadchecks this summer.”

“We want everyone to enjoy their summer and have a good time – just make sure to include a plan for a safe ride home,” said Lindsay Matthews, ICBC’s director responsible for road safety. “Share the responsibility of being the designated driver to make sure your friends and family get home safe this summer.”

Editor’s note:

Lower Mainland media will be invited to attend an evening CounterAttack roadcheck on Friday, July 3; police will issue a media advisory on July 2. Several police detachments throughout B.C. will also invite media to attend CounterAttack roadchecks in their communities on July 3.

Regional statistics*:

  • In B.C., an average of 42 people are killed in impaired-related crashes during the summer months every year. That’s one person killed every three days.
  • In the Lower Mainland, an average of 10 people are killed in impaired-related crashes during the summer months every year.
  • On Vancouver Island, an average of six people are killed in impaired-related crashes during the summer months every year.
  • In the Southern Interior, an average of 14 people are killed in impaired-related crashes during the summer months every year.
  • In North Central B.C., an average of 13 people are killed in impaired-related crashes during the summer months every year.

* Five year average from June to September. Fatal victim counts are from police data (2009 to 2013); crashes and injured victim counts are from ICBC data (2009 to 2013). Impaired is defined to include alcohol, illicit drugs and medicines.

Canada Day statistics:**

  • Every Canada Day, an average of 164 people are injured in 603 crashes throughout B.C.
  • Every Canada Day, an average of 115 people are injured in 370 crashes in the Lower Mainland.
  • Every Canada Day, an average of 19 people are injured in 90 crashes on Vancouver Island.
  • Every Canada Day, an average of 22 people are injured in 97 crashes in the Southern Interior.
  • Every Canada Day, an average of 7 people are injured in 37 crashes in the North Centralregion.

**July 1 (Canada Day) is calculated from (00:00) to (midnight) including incidents where the time was not reported. Five-year average from police data (2009 to 2013).

Media contact:
Michelle Hargrave

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