The Whistler Off Road Cycling Association recently avoided a potentially damaging lawsuit when a defendant chose not to pursuit the case.
The case arose in 2009 when a citizen was hit by one of the association's riders during a weekly riding event. The citizen was not part of WORCA and claimed in her lawsuit that the cyclist had crossed the road and crashed into her unexpectedly, which gave her a concussion and other minor injuries. The injured party then sought reimbursement for her medical bills.
However, WORCA relayed that it does not have any business insurance to cover such costs, which prompted the injured citizen to drop the case.
"She wasn't interested in going after WORCA itself and its directors," said Nancy Wilhelm-Morden, the plaintiff's lawyer. "She sued them because she thought they had insurance and then it turns out there is no insurance, and so she’s walked away."
WORCA had submitted the necessary work to have insurance coverage at the time of the accident; however, the insurer it had chosen failed to enact liability insurance during WORCA's 2009 season, thus creating the complexity of the case.