i think you are also missing the point. it was later proven the off duty officer CLEARLY changed his story for icbc to spin it in his favor and in the end icbc admitted to our lawyer the first time around they never even bothered to look at the reports from the scene and actually told my brother they just assumed because the other party was an off duty officer that his word is simply worth more then my brothers which is how they came to the initial assessment.

i would also argue that the passing maneuver that was made is absolutely not a "normal" pass. he never even slowed down to asses the situation. he just came right up behind and pulled out. it takes a pretty serious impact to write off a newer mazda 3 from a side impact. not an impact that would occur from someone having to wait behind a slow moving car and then deciding to accelerate passed. more like someone traveling 60+ and not willing to slow down thus making the dangerous pass.

edit: and i agree the title is a bit misleading but the other party is a cop and he did lie to icbc in order to get the initial claim offer swayed in his direction.

I find that difficult to believe. It requires two things that are completely out of the ordinary for that to occur:

1. A cop has to lie, not only to ICBC, but probably to his own department
2. An ICBC collision adjuster has to ignore the documentation in front of them, when their job is basically to look at documentation and information from collisions to determine fault and assess the claims.

I deal with ICBC adjusters on a daily basis and I find it difficult to believe that they would "assume" that the other party was at fault because the other guy was a police officer.

Not saying it can't happen, but it sounds like a pretty unusual occurrence.

i'm just relaying the information that is given to me from our lawyer. i have no reason to miss lead. posting this info on revscene isn't about to affect the claim in either a positive or negative way.

if i had thought the original assessment of the claim to be fair i would never have even started a thread. i was looking to see of anyone had ever been in a similar situation. or had a claim judged unfairly based on similar circumstances involving an off duty officer and a regular citizen.

and to be fair i had discussed the matter first with my brother in law (an rcmp in alberta) and he said he had never heard of a similar case and he also recommended we get a lawyer involved.

case is officially settled. ended 75-25 with 25 being blamed on my brother. however it met some unknown to us threshold and the claim will have 0 effect on my brothers policy in the future. so in essence it's 0% for my brother. and then an injury claim of a little under 10k. if anyone is looking for a very good icbc lawyer i would highly recommend Chris Trueman. Chris Trueman | Paine Edmonds LLP

let him know Marc-Andre sent you.