The province should be quick about fixing regulations so that designated drivers are covered for damages or injury resulting from the actions of drunk passengers.
A Chilliwack woman was driving her inebriated boyfriend home in 2006 when he grabbed the steering wheel, causing the car to leave the highway and roll over. The man was killed and the woman severely injured. Five years later, the woman was awarded nearly $900,000 in damages against the man鈥檚 estate.
She sought to recover those damages from ICBC, but this week, sa国际传媒 Supreme Court Justice Anthony Saunders ruled that an impaired passenger in a vehicle is not a 鈥渦se鈥� of the vehicle, and so the third-party liability coverage did not apply in this case.
Saunders said analysis of the law let him draw no other conclusion. 鈥淭he consequence of this interpretation as regards designated drivers is one which some may find disturbing,鈥� he said. 鈥淚f that consequence was unintended, that is a matter of consideration by the government.鈥�
鈥淟et鈥檚 hear it for designated drivers!鈥� chants ICBC鈥檚 website. 鈥淭hose unsung heroes who choose not to drink so they can get their friends home safely.
鈥淵ou can promote safe driving and encourage your friends and family to make smart choices.鈥�
Not so smart, it turns out, if being a designated driver exposes you to a risk not covered by insurance.
This is undoubtedly, as the judge suggests, an unintended consequence. Transportation Minister Todd Stone says the government is concerned, and rightly so 鈥� it鈥檚 a flaw that needs to be fixed quickly.
