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Are you saying ICBC may not cover this?
But are you saying they are saying he had it with permission so you may not be covered?
If ICBC doesn't cover you then and you most assuredly have a very strong case against this employee. But, does he have that kind of money?In my view suing him is a last resort and you need to press ICBC (perhaps even have a lawyer do so) to cover you because this is essentially an employee who stole your vehicle and then was in this terrible accident.