How To Get Compensation In A Hit-And-Run Accident
The ICBC reports that the average number of hit-and-run accidents that occur in the lower mainland yearly is 34,000. Injury results equal a number of 2,100. You are eligible for compensation, up to $200,000 in damages and for injury, as a hit-and-run victim in British Columbia from the ICBC.
You can sue ICBC, (Insurance Corporation of British Columba), in hit-and-run accidents. A hit-and-run accident is when the identity is not known of the negligent driver in the accident. To be eligible for compensation and sue ICBC you must do certain things, such as: Inform ICBC of the accident as soon as possible and do all you can to help with the identity of the unknown motorist.
Informing ICBC of a Hit-And-Run Accident
There are guidelines that must be strictly adhered to if bringing action against the ICBC for damages incurred in a hit-and run accident. You must provide the ICBC written notice as soon as possible after the accident. This must be done in the six months after the accident. This is a reasonably practical amount of time and you will lose rights to file against the ICBC if you fail to do so before the six-month deadline. Thus, it is important to the Statute of Limitations in the claim that you intend filing.
In some cases, it could be deemed that you did not give notice in a reasonably practical amount of time if you wait at all.ICBC is put on notice by the court if a claimant has an accident. All circumstances of the accident must be revealed, including if an unidentified motorist has been involved. In order to bring about a successful claim, you must give notice in a reasonably practical time and satisfy all requirements in the Insurance (Vehicle) Act.
Efforts to Locate an Unidentified Motorist
It is also stated in the Insurance (Vehicle) Act that the plaintiff restricts actions against ICBC as a defendant who has satisfactorily made all reasonable effort to locate and identify an unknown motorist in a hit-and-run accident. There are certain precedents and a strict compliance required so just stating reasonable efforts were exhausted is not sufficient. All reasonable efforts are determined by a judge from evidence provided as such. The efforts of the plaintiff cannot be easily displaced. They must truly establish taking all reasonable steps or a claim will result in failure.
Retaining counsel that is competent in this area of the law is imperative, if you have been a victim injured in a hit-and-run accident. It is best to call on ICBC Lawyers in Abbotsford and seek their assistance in claiming the compensation that is rightfully yours.