How To Obtain Compensation For A Hit And Run Accident?
British Columbia is facing an estimated 34,000 hit and run accident on an annual basis with an average of 2,100 of the accidents leading to injuries. The province allows the victims of these hit and runs to receive up to a total of $200,000 as compensation for their accidental related injuries and other losses. Even if the liable driver is never tracked down, the victims are still able to sue the ICBC for compensation, thanks to Section 24 of the British Columbian Insurance Act. There are only two prerequisites the hit and run victims need to fulfill in order to become eligible for suing the ICBC for compensation:
1. Inform the ICBC of their involvement in a hit and run the moment they are reasonably capable of doing so
2. Undertake all efforts in tracking down the driver who has fled the scene
How to fulfill the first prerequisite of notifying the ICBC on time?
We already mentioned Section 24 which enables hit and run victims to sue the ICBC for compensation. That same section also requires the victims to give notice to the ICBC as soon as reasonably possible, otherwise they lose their eligibility. Thus, what does “as soon as reasonably possible” mean?
Well, regardless of how severe your injuries are, six months is always the maximum deadline. That deadline, however, does not apply for everyone. Milder injuries should not be keeping you from contacting the police and ICBC for half a year. Furthermore, ICBC Lawyers in Burnaby know that notifying the ICBC does also come with its own set of expectations. For one, you will need to provide them with all the facts that you have, and, you will of course need to mention that an unidentified driver was involved which makes it a hit and run incident in which you are unable to sue the driver, due to them being unknown. Your lawyer will look into the details and pin the liability accordingly. It helps to know that you have an experienced lawyer in your corner.
How to fulfill the second prerequisite of undertaking all reasonable efforts to identify the driver
It is not enough to just undertake efforts, you will also need to have sufficient evidence to back up that you have undertaken these efforts, otherwise the judge will be unable to deem them reasonable or insufficient. Reasonable efforts can mean that you have interviewed witnesses, requested video footage of surrounding surveillance cameras with the help of your lawyer, and more. Regardless of the circumstances, it is always best to have an experienced lawyer by your side who can help ensure that you meet all requirements for being allowed to sue the ICBC for compensation.