Soheil August Biniaz says her mother, Manijeh Dalirazar, was hit by a motorcyclist while cycling last summer
Richmond man questions ICBC’s decision-making process after claiming that an adjuster said the motorcyclist who met his mother was a “nice” and “honest” man and that the amount of his claim would be reduced.
Soheil August Biniaz said her mother, Manijeh Dalirazar, 67, who runs the Royalty B&B in Richmond, was turning left on her bicycle from River Road to McCallan Road in July 2020 when she was struck by a motorbike traveling in the same direction.
The driver stopped and spoke to his mother, but once he saw that she was getting up he left – without calling an ambulance or offering insurance or contact details, Biniaz said.
“He never gave her his license, never shared information. Luckily my mom got up and took a picture of her license plate… And that’s how it turned out, ”he said. “So we immediately thought that the decent thing to do would have been for (the motorcycle rider) to either call an ambulance or call the police, to make sure my mom was okay and take her home.” at home… or at the bare minimum to file a complaint, at least call ICBC.
The claim falls under ICBC’s previous insurance model, as it occurred before May 1, 2021, when the enhanced care went into effect.
Biniaz said he reported the incident to ICBC a day or two after the crash, but said the initial process was an “interrogation” as the agency questioned their story, saying it didn’t made no sense.
It turns out that the man who was riding the bike on the day of the crash was not its owner – his daughter was, Biniaz said, which ICBC was later able to confirm. However, the agency had questioned their story because of it.
Biniaz said he finally received a decision from the claims adjuster earlier this month, but is concerned about how that decision appears to have been made.
“She (the claims adjuster) said… in my investigation and in my interviews with the motorcycle driver – in my investigation, he’s a very nice man, he’s an honest man, he’s a chiropractor, (and) his story is a little different from your mother’s. He said your mother, rather than turning left, just jumped erratically in front of her bike, so we believe him, “Biniaz said.
The motorcyclist told ICBC he remained at the scene and offered to exchange information, a spokesperson for the insurance agency told the Richmond News in a report. He also reportedly noticed no damage to the bike and “watched the cyclist get on her bike and walk away with no indication of injury.”
Biniaz added that the expert told him his mother would receive 50 percent of the maximum claim amount of around $ 5,500, which he doesn’t think is fair.
Although she did not have serious injuries such as a broken bone, Biniaz said her mother had bruises from top to bottom, was still limping a bit from the incident and that she had to see a chiropractor regularly. He added that his bed and breakfast work is physically intensive.
“My four complaints would be the time it took, the initial process of the investigation, the final decision that was made, the amount of the cap was reduced due to the kindness of the (motorcyclist), then the amount of the ceiling itself. “
Determining responsibility “can be complex,” the ICBC spokesperson told the New in a report.
“We assess the facts presented and examine all available objective evidence. We consider the rules of the road, physical evidence and witness statements. In this case, the two parties involved gave different descriptions of what happened, and there were no independent witnesses to help determine which version of the incident was most likely to be correct.
ICBC has stated that before accepting an injury claim, the claimant must provide sufficient evidence of an injury and that it is a direct result of the accident.
The insurance agency said it explained to Dalirazar, Binaz’s mother, that her injuries were minor injury cap of $ 5,627, and she received $ 2,813.50 based on the 50/50 liability decision.
“We also informed the client that she could continue her therapy if necessary and provided information on how to dispute her claim through the Civil Resolution Tribunal process,” said the spokesperson for the ICBC.
Biniaz said they may decide to appeal the decision.