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

(Phil McLachlan/Capital News)
Murder charge laid in February 2020 stabbing death of Smithers man

Michael Egenolf is charged with the second-degree murder of Brodie Cumiskey

A man wearing a mask against coronavirus walks past an NHS advertisement about COVID-19 in London, Tuesday, Feb. 2, 2021. (AP Photo/Alastair Grant)
92 new COVID-19 cases, no new deaths: Interior Health

The region is reporting 92 cases after the weekend

Island Health chief medical officer Dr. Richard Stanwick receives a first dose of Pfizer vaccine, Dec. 22, 2020. (B.C. government)
COVID-19: B.C. seniors aged 90+ can start to sign up for vaccination on March 8

Long-term care residents protected by shots already given

Williams Lake RCMP are investigating after suspects assaulted two employees at a convenience store and fled with cash and merchandise. (Black Press file photo)
Williams Lake RCMP investigating robbery at local convenience store

The robbery occurred Saturday evening, Feb. 27

?Esdilagh First Nation health department staff were thrilled to rollout out the community’s first COVID-19 vaccines Friday, Feb. 26. L-R: registered nurse Sam Riczu, elder worker Marie Conway, wellness coordinator Linda Siwalace, community health representative Sharon Palmantier and youth coordinator Dakotah Casey. (photo submitted)
?Esdilagh First Nation receives first COVID-19 vaccine

Vaccination clinic held Feb. 26 for high-risk elders

Langley resident Carrie MacKay shared a video showing how stairs are a challenge after spending weeks in hospital battling COVID-19 (Special to Langley Advance Times)
VIDEO: Stairs a challenge for B.C. woman who chronicled COVID-19 battle

‘I can now walk for six (to) 10 minutes a day’

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

A student from Dawson Creek is the winner of Tolko’s Orange Shirt Day design contest for 2021. (Tolko photo)
Tolko contest features northern winner

Student from Dawson Creek beats out entries Canadawide for Orange Shirt Day design contest win

Provincial health officer Dr. Bonnie Henry updates B.C.’s coronavirus situation, May 8, 2020. (B.C. government photo)
B.C.’s weekend COVID-19 cases: 532 Saturday, 508 Sunday, 438 Monday

Fraser Health still has most, eight more coronavirus deaths

Vernon’s Noric House long-term care facility’s COVID-10 outbreak has been declared over by Interior Health. (Jennifer Smith - Morning Star)
COVID outbreak at Vernon’s Noric House declared over

10 deaths were linked to the outbreak at long-term care facility

B.C. Attorney General David Eby speaks in the legislature, Dec. 7, 2020. Eby was given responsibility for housing after the October 2020 provincial election. (Hansard TV)
B.C. extends COVID-19 rent freeze again, to the end of 2021

‘Renoviction’ rules tightened, rent capped to inflation in 2022

Face mask hangs from a rear-view mirror. (Black Press image)
B.C. CDC unveils guide on how to carpool during the pandemic

Wearing masks, keeping windows open key to slowing the spread of COVID-19

Churches, including Langley’s Riverside Calvary Church, are challenging the regulations barring them from holding in-person worship services during COVID-19. (Langley Advance Times file)
Det. Sgt. Jim Callender. (Hamilton Police Service screenshot)
B.C. man dead, woman seriously injured after shooting in Hamilton, Ont.

The man was in the process of moving to the greater Toronto area, police say

Most Read