An Uber driver who got into an accident in Burnaby on his very first day of work has lost a bid to get more money from ICBC for lost income related to the crash.
Tejpal Singh’s first day as an Uber driver on Sept. 30, 2021 was an ill-fated one. By the end of the day, he had gotten into an accident in Burnaby, according to a ruling by the province’s Civil Resolution Tribunal.
The Aug. 19 ruling doesn’t say whose fault the crash was, but Singh was off work for about a month because of injuries.
ICBC paid him $1,142.88 for 31 days of missed work, but Singh argued he should have been paid more, according to the ruling.
ICBC said it had paid Singh according to regulations that say a full-time self-employed worker’s income replacement benefit should be based on the greater of either his gross yearly employment income before the crash or on a sum set out in the regulations based on his employment classification.
Because Singh hadn’t worked for the year before his first day as an Uber driver, ICBC calculated his payment based on his designation under “taxi and limousine drivers and chauffeurs,” according to the ruling.
But Singh argued he should have been paid based on what he expected to make as an Uber driver, which he said was between $8,000 and $10,000 per month, according to the ruling.
Tribunal vice-chair Andrea Ritchie disagreed, saying there was “no relevant provision” in the regulations for Singh to have his income replacement benefit calculated based on his future expected income.
“I find ICBC paid the applicant the total income replacement benefit he was entitled to for the time he was off work, based on the applicant’s employment history and the applicable statute and regulations,” Ritchie said.
She dismissed Singh’s claim and ordered him to reimburse ICBC’s tribunal fees.
The CRT is an online, quasi-judicial tribunal that has jurisdiction over most small-claims disputes under $5,000 in B.C.
Follow Cornelia Naylor on Twitter @CorNaylor
Email cnaylor@burnabynow.com
