Crashes and Winter Driving Conditions: Take Care to Be Accurate When Calling ICBC
With the first heavy snow of 2012 hitting the Lower Mainland and Greater Victoria comes the expected increase in motor vehicle collisions. With this in mind I’m republishing a post I originally wrote in the early days of this blog reminding injured passengers of the consequences of minimizing details of wrongdoing when reporting a collision to ICBC:
Snow in BC has two reliable results 1. Car Accidents, 2. Phone calls to ICBC and lawyers about those car accidents. The second is particularly true in Victoria and Vancouver because of the local populations relative inexperience dealing with winter driving conditions.
In anticipation of the almost certain phone calls I will receive this week I write this post.
If you are the driver involved in a single vehicle accident in British Columbia, and you lost control due to the weather, all you can likely claim from ICBC are Part 7 Benefits. There is (except in some unusually peculiar situations such as an ICBC insured driver contributing to the road hazards) in all likelihood no claim from ICBC for pain and suffering and other losses in these circumstances. Your right to claim pain and suffering and other “tort” damages only arises if someone else is at fault for your injuries. In single vehicle accidents drivers usually only have themselves or the weather to blame.
If someone else contributed to the accident (perhaps the road maintenance company for failing to act in a timely fashion or perhaps a mechanic for failing to bring your vehicle up to snuff last time you had it inspected) you will have to make a claim against them. Chances are they are not insured through ICBC for such claims and instead you will have to claim against their policy of private insurance.
Now, if you are a passenger in a single vehicle, weather related accident, and your driver did not operate the vehicle safely in all the circumstances (for example driving too fast for the known or anticipated poor road conditions) and this caused or contributed to the collision then you can bring a tort claim against them in addition to claiming your Part 7 Benefits.
If you are advancing a tort claim against a driver be weary of the defence of “inevitable accident”. ICBC defends claims. One of the best defences to a weather related accident is that it was “inevitable”. What this means is that the driver, operating safely, could not have avoided losing control of his vehicle. If this can be proven then the tort claim can be defeated.
People naturally don’t want to get those known to them in trouble and it is all too common for passengers reporting such a claim to ICBC to readily agree to how unexpected the accident was and how the driver was operating the vehicle very carefully. If this is true that’s fine. My words of caution are as follows: If the driver was not careful and you give ICBC the alternate impression with a view towards helping the driver out, your statement may severely damage your ability to bring a tort claim.
Tell the truth and know what’s at stake when doing so. If ICBC gets the false impression that an accident was inevitable you will have a much harder time advancing or settling your tort claim.
The bottom line is this: If an accident truly is inevitable and there is no tort claim so be it, but, don’t lead ICBC to this conclusion if it isn’t true. Doing so will harm your claim for lawful compensation.
bc injury claims, fault, icbc injury claims, Ice, inevitable accident, liability, negligence, snow
Hi, Neat post. There is a problem together with your website in internet explorer, might check this… IE still is the marketplace chief and a large part of folks will leave out your great writing because of this problem.
You could certainly see your expertise in the work you write. The sector hopes for even more passionate writers such as you who aren’t afraid to mention how they believe. Always follow your heart. “The most profound joy has more of gravity than of gaiety in it.” by Michel de Montaigne.
Hello, i think that i saw you visited my web site thus i came to “return the favor”.I’m attempting to find things to enhance my site!I suppose its ok to use some of your ideas!!
Hi my family member! I wish to say that this article is amazing, great written and come with almost all vital infos. I would like to peer extra posts like this.
Aw, this was a really nice post. In idea I wish to put in writing like this moreover – taking time and actual effort to make an excellent article… but what can I say… I procrastinate alot and not at all appear to get something done.
Hey There. I found your blog using msn. This is an extremely well written article. I’ll be sure to bookmark it and come back to read more of your useful info. Thanks for the post. I will definitely return.
Underground Elephant Jason Kulpa
You have mentioned very interesting points ! ps nice internet site . “Justice is the truth in action.” by Jeseph Joubert.
Together with every little thing that appears to be building within this particular subject matter, a significant percentage of opinions are actually relatively exciting. Nevertheless, I beg your pardon, but I can not subscribe to your whole theory, all be it radical none the less. It looks to me that your commentary are generally not totally rationalized and in actuality you are generally your self not even totally convinced of the argument. In any event I did appreciate looking at it.
location de vehicule paris
Wonderful paintings! That is the kind of information that are supposed to be shared across the web. Shame on the search engines for not positioning this submit higher! Come on over and visit my website . Thanks =)
agen poker online
Howdy! I know this is kinda off topic however I’d figured I’d ask. Would you be interested in trading links or maybe guest authoring a blog article or vice-versa? My website goes over a lot of the same subjects as yours and I believe we could greatly benefit from each other. If you might be interested feel free to send me an email. I look forward to hearing from you! Superb blog by the way!
agen poker online
I was suggested this web site by my cousin. I’m not sure whether this post is written by him as nobody else know such detailed about my difficulty. You’re incredible! Thanks!
Great post. I was checking continuously this blog and I am impressed! Extremely useful info specially the last part 🙂 I care for such information much. I was looking for this certain information for a very long time. Thank you and good luck.
situs poker online
Just about all of the things you state is astonishingly accurate and it makes me wonder the reason why I had not looked at this with this light previously. This particular article truly did switch the light on for me personally as far as this subject matter goes. But there is one position I am not necessarily too comfortable with and whilst I make an effort to reconcile that with the actual central theme of your issue, allow me observe exactly what all the rest of the visitors have to point out.Very well done.
Incredible! This blog looks exactly like my old one! It’s on a totally different subject but it has pretty much the same page layout and design. Excellent choice of colors!
I was suggested this blog by my cousin. I am not sure whether this post is written by him as no one else know such detailed about my problem. You are wonderful! Thanks!
Thanks for your ideas. One thing we have noticed is banks plus financial institutions know the dimensions and spending routines of consumers plus understand that many people max out and about their real credit cards around the holiday seasons. They smartly take advantage of this real fact and start flooding a person’s inbox and snail-mail box together with hundreds of no interest APR credit cards offers soon after the holiday season closes. Knowing that if you’re like 98 in the American public, you’ll rush at the one opportunity to consolidate consumer credit card debt and shift balances to 0 interest rate credit cards.
One thing I’d prefer to touch upon is that fat reduction plan fast can be performed by the appropriate diet and exercise. People’s size not merely affects appearance, but also the overall quality of life. Self-esteem, major depression, health risks, and physical ability are afflicted in an increase in weight. It is possible to make everything right but still gain. Should this happen, a condition may be the offender. While too much food and not enough body exercise are usually at fault, common medical ailments and key prescriptions may greatly increase size. Thx for your post right here.
Very good written information. It will be helpful to anyone who employess it, including yours truly :). Keep doing what you are doing – i will definitely read more posts.
I like the helpful info you provide in your articles. I will bookmark your blog and check again here regularly. I am quite certain I will learn lots of new stuff right here! Best of luck for the next!
Digital Marketing Manager Wien
Digital Marketing Manager Wien
I have been exploring for a bit for any high-quality articles or weblog posts on this kind of space . Exploring in Yahoo I eventually stumbled upon this website. Reading this information So i¡¦m satisfied to exhibit that I’ve an incredibly just right uncanny feeling I discovered just what I needed. I such a lot no doubt will make certain to don¡¦t disregard this site and give it a look on a continuing basis.
I am really enjoying the theme/design of your blog. Do you ever run into any internet browser compatibility problems? A couple of my blog readers have complained about my site not working correctly in Explorer but looks great in Chrome. Do you have any recommendations to help fix this problem?
Greetings! I know this is somewhat off topic but I was wondering if you knew where I could find a captcha plugin for my comment form? I’m using the same blog platform as yours and I’m having trouble finding one? Thanks a lot!
I do love the manner in which you have framed this concern and it does offer me personally a lot of fodder for thought. However, through everything that I have witnessed, I just simply wish when the actual remarks pack on that men and women remain on issue and in no way get started upon a tirade involving the news du jour. All the same, thank you for this outstanding piece and while I do not really go along with it in totality, I regard the perspective.
Good – I should certainly pronounce, impressed with your site. I had no trouble navigating through all tabs and related information ended up being truly easy to do to access. I recently found what I hoped for before you know it in the least. Reasonably unusual. Is likely to appreciate it for those who add forums or anything, website theme . a tones way for your customer to communicate. Excellent task.
You really make it seem so easy with your presentation but I find this topic to be actually something which I think I would never understand. It seems too complicated and extremely broad for me. I am looking forward for your next post, I will try to get the hang of it!
I like the efforts you have put in this, regards for all the great posts.
I’m really enjoying the design and layout of your blog. It’s a very easy on the eyes which makes it much more pleasant for me to come here and visit more often. Did you hire out a designer to create your theme? Great work!
watch game of thrones online
Unquestionably believe that which you said. Your favorite reason appeared to be on the net the simplest thing to be aware of. I say to you, I certainly get irked while people think about worries that they just don’t know about. You managed to hit the nail upon the top as well as defined out the whole thing without having side-effects , people could take a signal. Will likely be back to get more. Thanks
Thanks for another informative web site. Where else could I get that type of information written in such a perfect way? I’ve a project that I am just now working on, and I’ve been on the look out for such information.
I do not even understand how I stopped up here, however I thought this submit was good. I don’t recognise who you might be however certainly you’re going to a famous blogger if you are not already 😉 Cheers!
Howdy! Do you know if they make any plugins to assist with Search Engine Optimization? I’m trying to get my blog to rank for some targeted keywords but I’m not seeing very good gains. If you know of any please share. Kudos!
Hey, you used to write fantastic, but the last few posts have been kinda boring… I miss your super writings. Past few posts are just a bit out of track! come on!
Praca Niemcy Opieka
I gotta favorite this site it seems very helpful very useful
I’ve learn some good stuff here. Definitely price bookmarking for revisiting. I surprise how a lot effort you place to create such a wonderful informative site.
I have recently started a site, the information you offer on this web site has helped me tremendously. Thanks for all of your time & work. “A physicist is an atom’s way of knowing about atoms.” by George Wald.
I believe that avoiding packaged foods may be the first step to lose weight. They might taste fine, but refined foods contain very little nutritional value, making you take more simply to have enough strength to get through the day. In case you are constantly consuming these foods, moving over to grain and other complex carbohydrates will make you to have more energy while consuming less. Interesting blog post.
I conceive you have mentioned some very interesting points , regards for the post.
bulk alnico magnets
I really like your writing style, wonderful info , regards for posting : D.
Thanks for your exciting article. Other thing is that mesothelioma is generally attributable to the breathing of materials from asbestos, which is a extremely dangerous material. It can be commonly viewed among staff in the engineering industry who definitely have long contact with asbestos. It can also be caused by living in asbestos covered buildings for an extended time of time, Genetics plays a huge role, and some people are more vulnerable to the risk than others.
I’m curious to find out what blog system you happen to be using? I’m having some minor security issues with my latest blog and I would like to find something more risk-free. Do you have any suggestions?
Tworzenie Stron WWW Gorzow Wlkp
Thank you for the sensible critique. Me and my neighbor were just preparing to do some research about this. We got a grab a book from our local library but I think I learned more clear from this post. I’m very glad to see such magnificent information being shared freely out there.
whoah this blog is excellent i love reading your articles. Keep up the good work! You know, a lot of people are searching around for this info, you could help them greatly.
Excellent beat ! I would like to apprentice while you amend your site, how can i subscribe for a blog site? The account helped me a acceptable deal. I had been a little bit acquainted of this your broadcast provided bright clear concept
hello there and thank you for your info – I’ve definitely picked up something new from proper here. I did however expertise several technical points the usage of this web site, since I experienced to reload the web site many times previous to I may get it to load correctly. I had been thinking about if your web hosting is OK? No longer that I am complaining, however slow loading instances times will often impact your placement in google and could harm your high-quality ranking if ads and ***********|advertising|advertising|advertising and *********** with Adwords. Well I’m including this RSS to my email and can look out for much extra of your respective interesting content. Ensure that you replace this once more very soon..
Comments are closed.