Buckle Up Or Pay the Price

Failing to wear a seatbelt can not only hurt you physically, it can hurt financially and I’m not referring to a traffic ticket.
A person advancing an ICBC claim who is injured through the fault of another motorist may be found “contributorily negligent” for failing to wear a seatbelt if it can be proven that injuries would have been prevented (or lessened) by the use of a seatbelt.
If a person advancing an ICBC claim is found contributorily negligent, the value of the ICBC claim goes down.
In these cases BC courts must apportion those injuries due to the failure to wear a seatbelt and deduct their value in compensating the injured person. Generally failing to wear a seatbelt results in reduction of the value of the claim by 15% – 25%, although the range of apportionment varies and can exceed this range.
When dealing with ICBC, it is important to keep in mind that failing to wear a seatbelt does not automatically reduce the value of the claim. It is for ICBC (or the insurance company / lawyer for the at fault driver) to prove that failure to wear a seatbelt caused or contributed to the injuries. Justice Fulton, the case Gagnon v. Beauliew, summarized the law as follows “In the case of this particular form of contributory negligence, the onus is on the defendant to satisfy the court, in accordance with the usual standard of proof, not only that the seat belt was not worn but also that the injuries would have been prevented or lessened if the seatbelt had been worn”
Also, there are some limited circumstances where failing to wear a seatbelt does not amount to negligence such as when a person has medical reasons making wearing a seatbelt unreasonable.
Circumstances excusing people from wearing seatbelts are the exception, not the norm so consider buckling up, failing to do so can not only add to your injuries, it can subtract from your pocket-book.

bc, bc courts, court, icbc, ICBC claims, injury, injury claims, seatbelt, seatbelts

Comments (48)

  • I simply want to tell you that I am just beginner to blogs and truly loved your blog site. More than likely I’m planning to bookmark your website . You surely have incredible stories. With thanks for revealing your blog.

  • I am extremely impressed with your writing skills and also with the layout on your blog. Is this a paid theme or did you modify it yourself? Anyway keep up the excellent quality writing, it is rare to see a nice blog like this one nowadays..

  • magnificent publish, very informative. I’m wondering why the opposite specialists of this sector do not notice this. You should continue your writing. I’m confident, you’ve a great readers’ base already!

  • I’m extremely inspired along with your writing talents as neatly as with the format for your blog. Is this a paid subject or did you customize it yourself? Either way stay up the excellent high quality writing, it’s uncommon to look a nice weblog like this one nowadays..

  • I just couldn’t go away your site prior to suggesting that I really loved the usual information a person supply on your visitors? Is going to be again continuously to check up on new posts

  • you’re actually a just right webmaster. The website loading speed is incredible. It sort of feels that you are doing any unique trick. Furthermore, The contents are masterpiece. you have done a excellent job on this topic!

  • You really make it seem so easy with your presentation but I find this topic to be really something that I think I would never understand. It seems too complex and extremely broad for me. I am looking forward for your next post, I will try to get the hang of it!

  • Spot on with this write-up, I actually assume this website needs far more consideration. I’ll in all probability be once more to learn far more, thanks for that info.

  • Hi my family member! I wish to say that this article is awesome, nice written and come with almost all important infos. I would like to peer extra posts like this .

  • excellent points altogether, you simply gained a brand new reader. What would you suggest in regards to your post that you made some days ago? Any positive?

  • An interesting discussion is worth comment. I think that you should write more on this matter, it may not be a taboo subject but generally individuals are not sufficient to speak on such topics. To the next. Cheers

  • Unquestionably imagine that which you said. Your favourite reason appeared to be on the net the easiest factor to have in mind of. I say to you, I certainly get irked whilst other folks think about worries that they just don’t recognise about. You controlled to hit the nail upon the top and also outlined out the whole thing with no need side effect , other people could take a signal. Will likely be back to get more. Thank you

  • I truly wanted to post a remark so as to appreciate you for those lovely tips you are showing at this site. My time consuming internet lookup has at the end of the day been paid with pleasant tips to talk about with my close friends. I would assert that many of us site visitors actually are extremely endowed to live in a useful community with very many marvellous professionals with valuable tactics. I feel somewhat lucky to have encountered your entire site and look forward to so many more entertaining times reading here. Thanks a lot once again for all the details.

  • I’ve recently started a website, the information you provide on this site has helped me tremendously. Thanks for all of your time & work.

  • Thanks for these guidelines. One thing I should also believe is that often credit cards giving a 0 rate often attract consumers in zero interest, instant authorization and easy on the web balance transfers, but beware of the real factor that may void your own 0 easy street annual percentage rate and also throw you out into the bad house rapidly.

  • Wonderful goods from you, man. I have understand your stuff previous to and you’re just too great. I really like what you have acquired here, certainly like what you are saying and the way in which you say it. You make it enjoyable and you still take care of to keep it sensible. I can’t wait to read much more from you. This is really a wonderful website.

  • I haven’t checked in here for a while because I thought it was getting boring, but the last several posts are good quality so I guess I’ll add you back to my daily bloglist. You deserve it my friend 🙂

  • you are really a good webmaster. The website loading speed is incredible. It seems that you’re doing any unique trick. Moreover, The contents are masterpiece. you have done a great job on this topic!

  • One important thing is that when you’re searching for a education loan you may find that you’ll need a co-signer. There are many situations where this is correct because you could find that you do not use a past history of credit so the loan provider will require that you have someone cosign the financing for you. Great post.

  • What’s Taking place i am new to this, I stumbled upon this I’ve found It absolutely helpful and it has aided me out loads. I am hoping to contribute & aid different customers like its aided me. Good job.

  • We’re a group of volunteers and starting a new scheme in our community. Your web site offered us with valuable information to work on. You have done a formidable job and our entire community will be grateful to you.

  • Hmm it looks like your blog ate my first comment (it was super long) so I guess I’ll just sum it up what I submitted and say, I’m thoroughly enjoying your blog. I as well am an aspiring blog writer but I’m still new to the whole thing. Do you have any recommendations for first-time blog writers? I’d definitely appreciate it.

  • I like the helpful information you provide in your articles. I will bookmark your weblog and check again here frequently. I’m quite certain I will learn lots of new stuff right here! Good luck for the next!

  • Howdy! This post couldn’t be written any better! Reading through this post reminds me of my old room mate! He always kept chatting about this. I will forward this post to him. Fairly certain he will have a good read. Thanks for sharing!

  • Check below, are some completely unrelated web-sites to ours, nonetheless, they’re most trustworthy sources that we use.

  • I think this is among the most vital information for me. And i’m glad reading your article. But want to remark on some general things, The web site style is ideal, the articles is really great : D. Good job, cheers

  • Good post however I was wanting to know if you could write a litte more on this topic? I’d be very thankful if you could elaborate a little bit further. Kudos!

  • magnificent post, very informative. I’m wondering why the other specialists of this sector don’t understand this. You must continue your writing. I am sure, you’ve a great readers’ base already!

  • Thank you for another informative blog. Where else could I get that kind of information written in such an ideal way? I have a project that I am just now working on, and I’ve been on the look out for such information.

  • Yesterday, while I was at work, my sister stole my iphone and tested to see if it can survive a 40 foot drop, just so she can be a youtube sensation. My iPad is now destroyed and she has 83 views. I know this is totally off topic but I had to share it with someone!

Comments are closed.

Contact

If you would like further information or require assistance, please get in touch.

ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

Disclaimer