A glimpse of some of the 480 (approx) cars written off as a result of the acid spills along the Trail highway in 2018. Photo: Trail Times

A glimpse of some of the 480 (approx) cars written off as a result of the acid spills along the Trail highway in 2018. Photo: Trail Times

2 years after huge highway acid spill, Kootenay Ford dealer’s frustration grows with ICBC

Trail AM Ford owner Dan Ashman says he just wants fair compensation from ICBC

AM Ford owner Dan Ashman just wants fair compensation for vehicles affected by acid spills that occurred on the highway through Trail in April and May of 2018.

Ashman says that ICBC is using a technicality to avoid paying claims on 13 vehicles traded into AM Ford before consequences of the April 10 and May 23, 2018 acid spills were realized in Trail.

The effects of the spill on vehicles did not come to light until a July 5 Trail Times article revealed that 19 claims were filed with ICBC due to vehicles driving through the caustic liquid.

ICBC has since rejected the dealerships claims totalling about $140,000, and, as a result, Ashman has been forced to use a clause in the sales contract to shift that burden to his customers by taking legal action.

In turn, he expects his customers to sue ICBC.

“If you don’t declare damage over $2,000 when you trade your vehicle in you’re in breach of your contract,” Ashman told the Trail Times.

Related read: Cars being junked after acid spill on Trail highway

In this rare case, both the customer and dealer had no way of knowing that any damage had occurred, and although both parties were insured at the time of the incident, neither can make claims to ICBC.

ICBC refused to cover AM Ford under their compulsory public liability insurance, or the original owners of the vehicles because they no longer owned the vehicles.

Suing your own customers is not good for business, especially in a small community, and the stress it has caused over more than two years has taken its toll on both Ashman and his customers.

“I want this thing to go away,” said Ashman. “I shouldn’t be put in a position where I have to sue my customers, who are also ICBC customers. It’s a heavy-handed, untoward approach by ICBC.”

Related read: Teck Trail suspends trucking company after second spill

Westcan Bulk Transport was transporting sulphuric acid from Teck Trail operations to the IRM Transload Station in Waneta when the spills occurred. The first extended 16 kilometres from the plant, through town, and out to the reload station. The May 23 spill stretched approximately five km along Highway 3B from the smelter to Shavers Bench.

At the time of the first spill, Westcan sent out a statement saying; “Anyone who was travelling in the vicinity at the time of the release and is concerned that their vehicle may have come in contact with the product should run their vehicle through an automatic car wash as a precaution to safely dilute and remove any residue.”

According to ICBC, about 4,800 claims related to the acid spills were filed, and 480 or 10 per cent of those vehicles were found to be exposed to the acid and deemed total losses.

Due to the overwhelming number of claims, ICBC facilities could not respond to inspect the AM Ford’s vehicles in a timely manner, so Ashman had an independent insurer inspect them.

ICBC informed Ashman, that “(It) has never tested any of your vehicles so we have no evidence that any of your vehicles were affected by acid spills.

“There was no contractual relationship in place between your dealership and ICBC when the alleged damage occurred. Accordingly, there is no ICBC Insurance policy to cover your potential losses,” wrote Brenda Adlem, senior legal counsel for ICBC, in a June 13, 2019 letter provided by Ashman.

According to ICBC, the insurer “retained a technical expert to help us review individual claims. As the spills were caused by other parties, ICBC has also taken legal action against the parties involved in an effort to recoup losses on behalf of our ratepayers.”

In April 2019, ICBC filed a notice of civil claim against corporate defendants Teck, IRM, and Westcan Bulk Transport, in addition to two commercial truck drivers, municipal defendants the City of Trail and the Regional District of Kootenay Boundary, and the Ministry of Transportation and Infrastructure, and the Ministry of Environment as Crown defendants.

ICBC’s claim is before the court so it cannot discuss further details.

For Ashman, after more than 35 years of paying public insurance to ICBC, he believes a more practical resolution than expensive litigation be considered.

“They are trying to hang their hat on a technicality and a publicly owned insurance company that’s owned by the citizens of B.C. should not be trying to do that.”



sports@trailtimes.ca

Like us on Facebook and follow us on Twitter

City of TrailICBCkootenay

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Victoria-Swan Lake MLA Rob Fleming moves to the role of transportation minister in the NDP’s new cabinet. (B.C. government file photo)
Greater Victoria MLAs claim key roles in new cabinet

Transportation, Indigenous relations, children and family development ministries headed by locals

Karl Ablack, chair of the Port Renfrew Recovery Task Force, says visitors should steer clear of the community after the second wave of COVID has begun to hit across the province. (Black Press Media file photo)
Port Renfrew, Pacheedaht First Nation asks visitors to steer clear of community again

Tight-knit community of 400 has yet to report single case of COVID

Saanich Mayor Fred Haynes delivers the inaugural address at council’s swearing-in ceremony in November 2018. The ceremony included blessings from representatives of two Christian churches. (Black Press Media file photo)
Saanich Mayor Fred Haynes delivers the inaugural address at council’s swearing-in ceremony in November, 2018. The ceremony included blessings from representatives of two Christian churches – a fact highlighted in a report released by the BC Humanist Associaton on Tuesday. (Black Press Media file photo)
Christian-based prayer at inaugural Vancouver Island council meetings violates court ruling

Blessings violate Supreme Court decision that prayer in council is discriminatory

Peninsula Panthers' owner and general manager Pete Zubersky questions the decision-making process leading to the suspension of play in the Vancouver Island Junior Hockey League (VIJHL). (Black Press Media File)
Peninsula Panthers’ owner questions process behind suspension of Junior B hockey action

Pete Zubersky does not understand actions of provincial body administering amateur sports

B.C. Health Minister Adrian Dix and provincial health officer Dr. Bonnie Henry update the COVID-19 situation at the B.C. legislature, Nov. 23, 2020. (B.C. government)
B.C. sets another COVID-19 record with 887 new cases

Another 13 deaths, ties the highest three days ago

Anyone with information on any of these individuals is asked to call 1-800-222-TIPS (8477) or visit the website victoriacrimestoppers.ca for more information.
Greater Victoria Crime Stoppers wanted list for the week of Nov. 24

Greater Victoria Crime Stoppers is seeking the public’s help in locating the… Continue reading

Ladysmith’s 1st Avenue will be lit up until January 15. (Cole Schisler photo)
Light Up parade a no-go, but Ladysmith’s streets are still all algow

Although the tradition Light Up this year was cancelled, folks can still enjoy the holiday lights

The baby boy born to Gillian and Dave McIntosh of Abbotsford was released from hospital on Wednesday (Nov. 25) while Gillian continues to fight for her life after being diagnosed with COVID-19.
Abbotsford mom with COVID-19 still fighting for life while newborn baby comes home

Son was delivered Nov. 10 while Gillian McIntosh was in an induced coma

Gracie couldn’t stop nursing from her previous owner’s goats which was problematic given the goats were trying to be dried out to breed. Gracie now lives at A Home for Hooves. (Sarah Simpson/Citizen)
Cowichan animal sanctuary gets international accreditation

A Home for Hooves farm sanctuary accredited by the Global Federation of Animal Sanctuaries

North Island-Powell River MP Rachel Blaney has spoken out about some veterans losing their Dimished Earning Capacity income. (Mike Davies/Campbell River Mirror photo)
Blaney pens letter to minister about veteran supports

Concerned about veterans losing some income

B.C. Premier John Horgan, a Star Trek fan, can’t resist a Vulcan salute as he takes the oath of office for a second term in Victoria, Nov. 26, 2020. (B.C. government)
Horgan names 20-member cabinet with same pandemic team

New faces in education, finance, economic recovery

The corporate headquarters of Pfizer Canada are seen in Montreal, Monday, Nov. 9, 2020. The chief medical adviser at Health Canada says Pfizer’s COVID-19 vaccine could be approved in Canada next month. THE CANADIAN PRESS/Ryan Remiorz
Health Canada expects first COVID-19 vaccine to be approved next month

Canada has a purchase deal to buy at least 20 million doses of Pfizer’s vaccine,

Port McNeill councillor Derek Koel busts a rap to help promote the town’s active transportation plan. (Facebook video screenshot)
VIDEO: Vancouver Island councillor makes rap video to promote active transportation plan

Active transportation is a personal matter for councillor Derek Koel.

Most Read