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Man charged in fatal crash sues ICBC for not paying out claim on car

The single-vehicle crash occurred on Aug. 6, 2023 at about 12:30 a.m. on Highway 97C.
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Emergency personnel at the scene of a fatal collision on the Okanagan Connector in August 2023.

A man who's been criminally charged for allegedly driving intoxicated, leading to a fatal 2023 crash on the Okanagan Connector, recently sued ICBC for not paying out his claim for his crashed car.

The single-vehicle crash occurred on Aug. 6, 2023 at about 12:30 a.m. on Highway 97C, near the Trepanier Road offramp. A green Volkswagen Golf travelling westbound rolled into the oncoming lanes, and one of the passengers, 17-year-old Cash Hewitt, was thrown from the car and killed.

Another teen passenger broke his spine in the crash.

More than a year and a half later, charges were laid against the alleged driver of the car, 21-year-old James Romanchuk. He faces charges of impaired operation of a vehicle causing death and bodily harm, and dangerous driving causing death and bodily harm.

During a court appearance earlier this year, the court heard that Romanchuk was allegedly driving an estimated 150 km/h when he lost control of the vehicle.

The criminal matter remains outstanding, with a preliminary inquiry set for January, but Romanchuk filed a claim in Kelowna's Small Claims Court against ICBC last week.

While the claim provides few details, Romanchuk says ICBC has not paid him the $4,800 he's owed for the totalled Volkswagen, along with another $1,185 for towing and storage fees following the August 2023 crash that he says he's owed.

Additionally, he says ICBC owes him another $1,311 for towing and repairs following a separate May 2023 crash in Kelowna.

This isn't the first lawsuit Romanchuk has filed in connection to the August 2023 fatal crash.

This past June, he sued a Kelowna tire shop, alleging the shop incorrectly installed a tire on his Volkswagen five days before the fatal crash, and a “sudden and catastrophic tire failure to the back right passenger tire” led to the crash.

Romanchuk claims the crash resulted solely from, or was contributed to, by the “negligence” of the tire shop.

In a filed response to the lawsuit, Dan's Tire Service denies responsibility for the fatal crash and says any injuries suffered were caused by Romanchuk's own negligence.