B.C.’s Civil Resolution Tribunal has ordered ICBC to pay $5,000 to cover repair costs to a man whose truck caught fire due to a rodent nest located in the engine compartment.
ICBC told the tribunal that Horst Thiele had not proven the damage was a result of a fire or rodent nest, and not from something else, such as the normal wear and tear on his 2005 Chevrolet Silverado 3500, or a lack of oil in the truck’s engine.
ICBC also said Thiele breached his insurance policy by failing to allow ICBC to inspect the vehicle before repairs were completed.
In June 2021, Thiele and a passenger were on a road trip when the man smelled burning oil and heard loud engine noises. When he pulled over Thiele felt “a lot of heat, heavy fumes, and smoke,” he said.
He checked the oil and there was nothing on the dipstick. Thiele had the vehicle towed to a mechanic, tribunal vice chair Andrea Ritchie said in her Aug. 9 decision.
Rodent nest fire damages truck turbocharger, claims owner
Thiele said the damage was caused by a fire triggered by a rodent nest in the engine compartment. As a result of the fire, he said the truck’s “turbocharger” and associated parts needed repair and replacement, which was ultimately done for a total of $6,384.
Thiele argued it should be covered under his comprehensive insurance policy with ICBC, and claimed $5,000 reimbursement of $5,000.
By failing to retain any of the damaged parts or taking photos of the damage before he reported it, ICBC said Thiele also deprived the insurance corporation of the right to inspect the vehicle.
Ritchie, however, said ICBC had the opportunity to review the repair records and speak directly with the repair shop.
“I find ICBC has not established it should be relieved from its liability to cover the claim,” she ruled.
Ritchie said the best evidence of the cause of the truck’s damage was from the mechanic who investigated the damage and performed the repairs.
“I find it more likely than not that a rodent nest in Mr. Thiele’s engine compartment got so hot that it melted the oil feed line, causing damage to the turbocharger,” she said.
“There is nothing in evidence that indicates there was any other oil leak, or any other mechanical failure. I find it does not matter whether an actual fire occurred or not, the undisputed evidence is that the nest created such heat that the oil feed line to the turbocharger melted.”
She awarded Thiele the $5,000.
