Hit And Run Compensation In British Columbia

When a pedestrian gets hit by a motorist, it seems apparent that the same walker should qualify for some form of compensation. The Insurance Commission of British Columbia (ICBC) has created a system by which a pedestrian can seek that deserved compensation.

How does a victim get rewarded by following that system?

The victim of a hit-and-run incident can seek up to $200,000 from ICBC. Any hit-and-run victim can sue ICBC, if the identity of the driver remains a mystery.

What procedure must be followed?

After getting hit by the motorist, the pedestrian should report that incident as soon as possible. That report should take the form of a written notice. Ideally, it gets presented to ICBC no more than 2 months after the unfortunate incident. Hopefully, the person that was hit managed to get a look at the vehicle that was driven by the responsible motorist.

ICBC expects all hit pedestrians to extend all reasonable efforts into finding the person that drove away from the scene. Smart victims keep a record of all their attempts. The court decides whether or not any victim that is seeking compensation for a hit-and-run incident has carried-out the most extensive yet reasonable search for the unidentified driver. Because the victim has the right to seek the no-fault benefits, that fact underscores the victim’s need to file a claim. The process of filing a claim demands completion of a number of steps. Some of those steps call for the claimant to fill out specific forms.

Personal Injury Lawyer in Burnaby knows that a mistake on a form could become grounds for denying the submitted claim. For that reason, smart claimants make a point of retaining lawyer. That approach becomes especially useful, if the claimant is a pedestrian that was the victim of a hit-and-run driver.

Why a lawyer’s assistance can prove so important, if someone that got hit while traveling on foot has chosen to seek compensation from ICBC?

ICBC has little tolerance for someone that has chosen to wait 3 or more months before reporting the walker-motorist collision. That is the case, even though guidelines suggest a limit of 6 months. Because of ICBC’s attitude towards anyone that does not submit the required notice during the early months, it helps to have a lawyer.

As stated above, the judge decides whether or not the claimant has actually extended all reasonable efforts, in an attempt to find and identify the unknown motorist. Lawyers are used to dealing with judges. They understand how to produce evidence that can sway the judge’s mind. That fact calls attention to another reason that any pedestrian that has been hit by a motorist ought to give serious consideration to hiring an attorney.