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I Am The Victim Of A Hit And Run. Can I Still Claim Compensation?

I am the Victim of a Hit and Run. Can I still claim Compensation?

Yes. If your loss occurred on a highway in BC, your injury or damage arose out of the use and operation of a motor vehicle and the name of the owner and driver of that vehicle were not ascertainable, you may be able to make a claim for compensation directly from ICBC.

Section 24 of the Insurance (Vehicle) Act creates certain compensation rights for victims of hit and runs. The requirements of section 24 are as follows:

  1. The loss must have occurred on a highway in BC. – The definition of highway is contained in the Insurance (Vehicle) Act. The Insurance (Motor Vehicle)Act incorporates the following definition of highway:
    1. All public streets, roads, trails, lanes, bridges, trestles, tunnels, ferry landings and approaches, and any other public way
    2. Every road, street, lane, or right of way designed or intended for or used by the general public for the passage of vehicles
    3. every private place or passageway to which the public, for the purpose of the parking or servicing of vehicles, has access or is invited.
  2. The bodily injury, death, or property damage must have arisen out of the “use or operation of motor vehicle.”
  3. The names of the owner and driver must not have been ascertainable, or if the owner is not liable, the name of the driver must not have been ascertainable.

There are very important obligations and limitation periods that must be followed in the event of a hit and run, such as giving ICBC written notice of the hit and run collision within a prescribed time, and taking reasonable steps to ascertain the identity of the unknown motorist.

If you are the victim of a hit and run collision and have questions about a potential ICBC claim, please contact us and we will try to provide you with the information you need.

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