When Backseat Driving Goes Too Far: No Insurance Coverage When A Passenger Intentionally Interferes With The Driver

The Supreme Court of British Columbia recently considered the question of whether or not a passenger, when intentionally interfering with the driver, could be considered a user or operator of the vehicle such that their actions brought them under the driver's third party liability insurance. In Felix v Insurance Corporation of British Columbia, 2014 BCSC 166, the answer was "no".

In Felix, the Plaintiff driver lost control of the vehicle when her intoxicated boyfriend, seated in the passenger's seat, grabbed the steering wheel, resulting in an accident. The Plaintiff successfully sued the estate of the passenger. ICBC was put on notice, but declined to participate. The Estate could not pay the judgment amount. The Plaintiff therefore sought to have the judgment amount paid by ICBC pursuant to s. 21 of the Insurance (Motor Vehicle) Act, RSBC 1996 c 231 (the "Act").  Section 21 of the Act reads as follows: