Background: Kimberly Bui was involved in a motor vehicle accident on December 6, 2017, while driving a Hertz Canada Ltd. rental vehicle. The accident occurred when a pick-up truck rear-ended her car. The driver of the pick-up truck was not identified at the scene.

Legal Arguments/Issues The primary issue was whether Ms. Bui could claim insurance from ICBC given the unidentified driver. The court examined if Ms. Bui met the requirements under section 24 of the Insurance (Vehicle) Act to make all reasonable efforts to identify the other driver. Ms. Bui's actions following the accident included recording the truck's license plate, albeit incorrectly, and attempting to locate witnesses and the driver.

Section 24(5) of the Insurance (Vehicle) Act allows claims against ICBC if the plaintiff has made all reasonable efforts to identify the unknown driver. The court considered Ms. Bui's condition and circumstances, as well as precedent cases like Leggett, Smoluk, and Holloway, which emphasize a subjective standard for "reasonable efforts."

Held: The court found that Kimberly Bui had satisfied the requirements of section 24(5) and made all reasonable efforts to identify the driver, allowing her to pursue a claim against ICBC. Ms. Bui was awarded costs at Scale B.

Costs/Awards Kimberly Bui was entitled to her costs at Scale B. The exact amount of costs awarded was not specified in the document.