What Happens After Collision In British Columbia If Other Driver Has No License?
The Insurance Corporation British Columbia does its best to make sure that the motorists on the Province’s highways carry an automobile license. Still, the Provincial government cannot keep uninsured drivers from other provinces or states from traveling across British Columbia. For that reason, a driver that gets hit by an unlicensed motorist has 2 options.
Option #1: File a claim for accident benefits
These are also called Part 7 or no fault benefits. Anyone who has been injured by an uninsured motorist can file such a claim. That includes any injured pedestrian or bike rider. ICBC does not sell any form of insurance to pedestrians or bike riders, but it provides coverage for their injuries, if they become involved in a motor vehicle accident.
This option works best if the claimant makes a point of meeting any deadlines. In addition, all claimants need to provide evidence that supports their claim. That would include any evidence that could refute a charge that the claimant/plaintiff had exhibited behavior that could qualify as contributory negligence.
Option #2: File an uninsured motorist claim
Directions on how to file such a claim can be found in Section 20 of British Columbia’s Insurance Vehicle Act. Of course, any motorist that does not want to spend time studying that Act can simply hire an Accident Lawyer in Abbotsford. Lawyers in BC are familiar with that Act, and BC’s personal injury lawyers stand ready to help any driver that was hit by an uninsured motorist.
This would represent one of the few times when ICBC would seize the chance to seek evidence that could support the claimant. In cases involving 2 insured motorists from British Columbia, ICBC’s actions reflect those of someone on the defense team. Yet that will not be the case, if the defendant is an uninsured driver.
Moreover, an uninsured driver has acted in a careless and neglectful manner by not obtaining any type of automobile insurance. That negligent act has usually been made of graver concern to society by the defendant’s/motorist’s driving habits. That fact highlights the problems faced by the uninsured driver.
That driver does not have many options to follow, in hopes of finding coverage for any losses. In contrast to that defendant’s/driver’s situation, the person that was injured, or the driver that suffered damage to a vehicle does have options. Indeed, ICBC has made that driver a potential claimant, and has provided him or her with 2 different ways to file a claim.
Those options cannot heal any injuries. Still, they do have the ability to return the injured victim to a former position.