Comments On Tort Claim And Tort Law

While the Insurance Commission of British Columbia (ICBC) does accept claims for no fault benefits, there are times when not all of a victim’s damages get covered by ICBC. In such cases, it may become necessary to initiate a tort claim.

In British Columbia (BC), a tort claim seeks coverage for damages not covered by ICBC.

A plaintiff might seek reimbursement for certain treatment expenses. Alternatively, it could be that ICBC had refused to cover a specific diagnostic procedure. Sometimes a plaintiff that has been compensated for lost wages seeks money for retraining. That could be the case, if the employer had required the retraining, as a condition for the plaintiff’s ability to return to the workplace.

According to BC’s system, any victim of a motor vehicle accident has the right to make a tort claim.

Each of those victims must preserve that right, before making the permissible claim. In order to preserve that right, the eligible victim must file a Writ of Summons with the court. Obviously, the Writ of Summons must be filed well before the limitation period has ended. Otherwise, the statute of limitations will run out, and the court may not allow the filing of a tort claim.

BC’s tort law stipulates what should happen after the disputing parties arrive at a settlement.

At that point, if the plaintiff has agreed to the proposed terms, he or she gets a check from ICBC. The plaintiff is expected to sign a release. That is the plaintiff’s assurance that no further claims will get made, with respect to the accident that led to the initial dispute.

If a plaintiff has not agreed to the proposed terms of a settlement, that same plaintiff must consider moving forward with the attempt to obtain a fair compensation. That could involve filing another Writ of Summons, in order to make another tort claim. In the meantime, the same plaintiff might seek further evidence, in an attempt to strengthen what appears to be have been a rather weak claim.

In this case, ICBC will not be required to write a check, but it will need to furnish Injury Lawyer in Richmond for the defendant. Understand that ICBC’ role necessitates the offering of support to both plaintiffs and defendants. Normally, both of those are residents of British Columbia.

As residents of that Province, both of them have a right to make use of the legal system that BC has put in place for the victims injured during a motor vehicle accident. Ideally, both of them will use the system as a means for reaching an agreement with the opposing party. That lightens ICBC’s case load, and makes it easier for the Commission to handle its dual role.