Shoud I appeal to court for this ICBC claim?

Richard

New member
Hi, I was wondering if I should appeal for an ICBC claim that I thought was truly unfair. My parents was in a car accident recently and after we visited ICBC they determined it was 100% our fault of cause. The incident follows: As my parents were driving home (regular 2 lane small road), they back in to our driveway which was adjacent to the lane we were in. There was a truck behind us that was very far behind (8-10 houses away), so there was adequate amount of time to perform this. However as we back in (crossed the yellow line, so now our car is sideways to the road taking up spaces in both lanes), the truck immediately speed up and attempt to pass around our car, going to in between our car and the opposite lane (the gap was very narrow). Because of that our cars hit each other as his front damaged our car's rear end. Now we even have witness who believed it was the truck driver's at fault; however, for some reason after 1 day (ICBC said it would take 2-3 weeks of research to determine who's at fault), they proven we're at 100% fault. They kept saying the truck driver had the right of way, even if thats the case it was certainly not safe of him to perform that kind of maneuver. There wasn't enough space for him to pass our car, he speed up didnt attempt to stop his car. At least this should be a 50/50 case, I am not concerned about the money but I want justice.
 
It is their fault in the legal sense because the truck had the right away. But the other driver was stupid for speeding up and trying to pass but you the law does not does not care about things like that. I do not mind for waiting for someone to back into their drive way. I rather wait for that instead of almost hitting someone backing out of in the morning because they can not see. But I think it would be worth a shot to appeal the claim in court. The judge may consider how dumb the other driver was being and the witness statement.
 
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