In most motor vehicle collisions, a vehicle needs to be repaired. If the vehicle’s owner has collision coverage the owner can apply against ICBC directly. If there is no coverage or the ICBC Insurance Policy doesn’t cover all aspects of the loss, the damaged vehicle’s owner can claim against the other party involved in the car accident if the other party is at fault.
In cases where there is extensive damage it is useful to talk to a lawyer to determine whether or not the claim should be made under the collision policy or against the other party.
It is important to determine who is at fault (liable) for the collision in order to determine who must pay for any resulting injuries or losses.
Though there are some benefits available to anyone in a car accident regardless of who is at fault, a more fair resolution is obtained if it can be shown that the other side caused the collision.
ICBC often makes a preliminary assessment of fault. These can be challenged either through an internal process available at ICBC or through the courts.
It is also possible to have more than one person at fault. If the injured person is at fault he is considered contributorily negligent. The courts than have to determine what share of responsibility each party must bear. If the other side or other are found 50% at fault the Plaintiff is entitled to 50% of his loss from these other parties.
If the collision was caused by ice, snow or animals on the road it is often very difficult to show that someone else is responsible for the accident. Claims can be made against the road maintenance company or owners or keeper of animals if it can be shown that they were negligent in allowing the animals to be on the roadway. Usually compensation does not come from ICBC but rather the company or person response for maintenance or animal being loose and very often through another insurance company who ensure these companies or individuals for such losses.
The injured person must prove the nature and extent of the injuries he suffered, and that they were caused by the collision. Often, people have a pre-existing condition or injury that is made worse by a motor vehicle collision. In such cases compensation is often available because of the injury was aggravated.
The court awards money for different consequences of the injuries. These are known as "heads of damages." Some heads of damages include medical expenses, rehabilitation expenses,
income loss, loss of earning capacity and pain and suffering.
In British Columbia ICBC covers most individuals if they are involved in a hit and run accident. This coverage is provided by ICBC under their Unidentified Motorist Protection.
If you are in a hit and run accident it is very important that all reasonable efforts are made to discover who the person is that caused the collision. The Insurance Policy requires that the Court be satisfied that “all reasonable efforts have been made by the parties to ascertain the identities” of the unknown or driver. This must be done before ICBC is required to pay any damages. The person making the claim must show that all reasonable efforts have been made to identify the person or vehicle causing the collision. Any claim against ICBC will not succeed unless the claimant meets this test.
In such situations it is important to meet with a lawyer so that the efforts taken have been reviewed and any further steps that are necessary are taken. This should be done as soon as possible. In such situations the matter should be reported to both the police and ICBC as soon as possible.
Benefits Available to All Parties In British Columbia, No Fault benefits are available. This means that no matter who is fault, certain payouts must be made unless the party is disqualified from receiving such benefits. The benefits available to all parties include reimbursement of medical treatment and rehabilitation, disability payments for employed persons, disability benefits for homemakers and death and survivor benefits. Benefits may not be available if there was criminal conduct involved, such as impaired driving or racing. Further,it may not be available if the driver of the vehicle did not have a driver’s license or was in some other way disqualified from driving. If such scenarios are possible the situation should be reviewed by a lawyer before talking to ICBC.
Defences When a claim is made, different differences are available. The first main defence is that the person being sued is not responsible for the accident, i.e., not at fault. If it found that the Defendant is not at fault then the Plaintiff will lose his case. There are other defences which reduce the amount that would be awarded.Such defences include failing to wear a seatbelt, failing to properly adjust a headrest, being partially at fault in causing the accident and failing to follow recommend medical treatment.
Skilled Legal Help for Your Claim ICBC and other insurance companies start gathering information to use against you immediately after the accident. Let us put our skill, experience, and inside knowledge to work for you. Please call us at 250-352-3321, or toll free at 1-800-579-5338, to speak to Terry Napora. We look forward to helping you.
