The Limitations Date For A Tort Claim In British Columbia
If a resident of British Columbia (BC) becomes involved in an automobile accident, that same resident has the right to sue the person or organization responsible for that collision. Only by identifying the responsible party can the injured driver or passenger know that timeline for making his or her tort claim.
The normal limitation date:
In most cases, as long as the collision has taken place inside of BC, the injured party has 2 years in which to file a claim. If that same person intends to hire a Personal Injury Lawyer in Abbotsford, then he or she should carry out that action well before the approach of the deadline.
Exceptions that can extend the limitation period:
• The driver was less than 19 years of age.
• Either the driver or a passenger suffered a latent injury, one that showed up well after the date of the accident.
• The effort to get hold of the responsible party did not prove successful until after the deadline.
• The driver could not pursue an ICBC claim, because he or she had suffered life-threatening injuries.
• It was the driver’s choice to receive Worksafe BC benefits; therefore, there would be no ICBC claim.
• There was no release with the driver’s signature, following a payment of reimbursement for the accident-caused damages.
Exceptions that can shorten the limitation period:
The driver plans to sue a city or town. This exception becomes the cause for changes in the driver’s anticipated timeline. This is the new timeline: provide city or town with notice of plans within 2 months of accident; start a lawsuit within 6 months.
The driver’s injuries were sustained during a hit-and-run incident. Consequently, that incident becomes the cause for changes in the driver’s anticipated timeline. This is the new timeline: notify ICBC within 6 months. Keep searching for information that can work to reveal the identity of the responsible party. All victims of a hit-and-run incident in British Columbia are expected to carry-out that particular task.
Because the party filing the claim must deal with a shortened limitation period, he or she ought to think seriously about hiring a lawyer. Experienced lawyers have gained experience with the challenges that are linked to dealing with timelines, deadlines and shortened limitation periods. Those members of the legal profession can help clients that lack a lawyer’s education and experience.
The hiring or a lawyer would seem most appropriate, if the driver’s injuries had been serious enough to threaten his or her life. In that situation, drivers have the right to ask for an extension of the limitation period. That fact was included in the above list of exceptions, those that can be sited as grounds for asking that the limitation period be extended.