How To File A Claim If Involved In Auto Accident While Working?
The streets in the cities of British Columbia (BC) become filled with vehicles during working hours. Some of those vehicles have drivers that earn a living by driving to homes or businesses and performing a service. Other drivers might be carrying out an errand.
By the same token, some of the walkers and bicycle riders could be taking part in a recreational activity. Others might be walking or riding to the site of a business transaction. Understand that BC’s rules about filing a claim apply to anyone involved in a motor vehicle accident.
What are those rules?
Anyone injured in a motor vehicle while working in British Columbia has to reach a decision. That concerns the sort of action to be taken by that injured party.
Does he or she want to file a personal injury lawsuit through ICBC? As an alternative, does he or she plan to file a worker’s compensation claim?
Accident Lawyer in Kelowna knows that a driver cannot make any claim against a second party, if that second party is also someone whose actions were carried out during the course of employment, at the time that the accident took place. On the other hand, if the other party was not working at the time of the collision, then the injured driver or passenger should study the information in the following paragraphs.
The advantages linked to filing a personal lawsuit through ICBC:
Performance of such an action allows the injured driver or passenger to go after a larger amount of money for pain and suffering. In addition, by filing a lawsuit through ICBC, an injured employee can go after any money for future income losses. Such losses do not get addressed, if an injured employee has chosen to file a worker’s compensation claim.
Of course, the above-mentioned advice assumes that the person initiating the lawsuit plans to remain in British Columbia. Someone that planned to be leaving the province might face fewer legal challenges if he or she tried to get monetary compensation from the worker’s compensation fund.
In addition, a pedestrian or a bicycle rider that did not own a car, truck, van or SUV would have no reason to buy an ICBC insurance policy. Due to the absence of that policy, the same pedestrian or bicycle rider might decide to file a worker’s compensation claim. Yet the person that files such a claim must be either an employee or someone that was hit by an employee.
Upon a review of all those possibilities, one fact stands out clearly. The injured party can enjoy a larger compensation by electing to file a personal lawsuit through ICBC, rather than filing a worker’s compensation claim.