02/22/2013 10:17 EST | Updated 04/24/2013 05:12 EDT

Contractor fires back at ICBC over potholes lawsuit

A highway maintenance company being sued by ICBC over potholes on the Coquihalla is fighting back.

The insurer is trying to recoup nearly $40,000 paid in claims to 19 drivers who hit a pothole on the Coquihalla in February 2011.

In a notice of civil claim filed in B.C. Supreme Court earlier this year, ICBC alleged VSA Highway Maintenance failed in its duty to drivers, was aware of the road's deterioration, and did nothing to warn the public.

In its response to civil claim, VSA says it fully complied with the agreement it had with the province.

The company says if any damage was done it's because drivers failed to keep a proper lookout, drove too fast and failed to take adequate — if any — steps to avoid what it calls "the alleged" pothole.

Neither party has commented publicly on the suit.