Hit and Run Identity Obligations Don't Require a Motorist to Go on "A Fool's Errand"

Written by admin on . Posted in Uncategorized.

I have written numerous times about ICBC hit and run claims and a Plaintiff’s obligation to make ‘all reasonable efforts’ to identify an unknown motorist prior to being able to successfully sue ICBC for damages.  Reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, further addressing this obligation.
In this week’s case (Akbari v. ICBC) the Plaintiff was involved in a 2010 collision in which he struck a light pole.  The Plaintiff alleged an unknown motorist ran a red light forcing him to take evasive action in the agony of collision.  This motorist fled the scene.  Madam Justice Baker accepted this and found that an unidentified driver did indeed cause the collision.
ICBC argued that the Plaintiff’s claim should be dismissed because he failed to make all reasonable efforts to identify the motorist after the fact.  The steps ICBC suggested included staking out the intersection to try and see the vehicle on a subsequent occasion and interviewing residents at a nearby townhouse complex.  Madam Justice Baker found these suggestions to be nothing more than a ‘fool’s errand’ that would be fruitless.  In finding the Plaintiff’s actions reasonable the Court provided the following reasons:
[61]         I am satisfied that Mr. Akbari did make all reasonable efforts to ascertain the identity of the unknown driver in the circumstances that pertained here.  Mr. Akbari’s vehicle could not be driven and he was injured and in pain; he could hardly be expected to attempt to pursue the southbound vehicle on foot.  Mr. Akbari told the attending police officer ? Constable Da Silva ? that another vehicle had been involved and he provided a description of the vehicle as a light-colored – white or silver – small car.  Mr. Perez confirmed the involvement of the other vehicle and the description.  Constable Da Silva obviously considered there to be little or no prospect of locating the suspect vehicle even minutes after it had left the scene; he did make any effort to do so, or to alert other patrol cars to search for the vehicle.
[62]         Mr. Akbari recalls having inquired of Messrs. Shiles at the scene to find out if they had seen the vehicle that crossed his path.  The accident was reported to the defendant as a “hit and run” within two hours after the collision happened.  Both Mr. Akbari and his father provided statements to ICBC.  Upon learning from his counsel of his obligation to attempt to ascertain the identity of the driver who left the scene, Mr. Akbari posted a sign at the intersection asking any witnesses to come forward.  If any part of Mr. Chinchilla’s testimony is to be believed, it is that he saw the sign on the past at the intersection, and it was that sign that prompted him to contact ICBC and, eventually, Mr. Akbari’s counsel.
[63]         Mr. Akbari also contacted Constable Da Silva a few days after the accident and asked whether there was a traffic camera at the intersection where the accident happened.  Constable Da Silva said if there was a camera, it likely took only one photo ? when the light turned green ? but he said he would check and get back to Mr. Akbari.  It was reasonable for Mr. Akbari to assume that there was no camera ? or no useful footage ? when he heard nothing further from Constable Da Silva.
[64]         When Mr. Akbari realized that Ms. Berry did not know about Mr. Chinchilla and his claim to have witnessed the collision, he made sure that Ms. Berry was provided with the phone number he had for Mr. Chinchilla.
[65]         Counsel for the defendant suggested to Mr. Akbari that he should have canvassed the residents of the townhouse complex located near the intersection to search for possible witnesses, but I consider that would have been a fool’s errand.  The photographs of the scene indicate that the townhouse complex is some distance off the roadway and that it is highly unlikely that anyone in the townhouse complex would have been able to see anything happening in the intersection, particularly late at night, when it was dark and raining.  The resident who did call to report the collision only did so because she heard the sound of the crash.
[66]         Counsel also suggested that Mr. Akbari could have staked out the intersection to see if he could spot the vehicle that crossed his path.  Again, this would have been fruitless, I conclude, as neither he nor Mr. Perez was able to recall anything more specific than the fact that the other vehicle was a light-colored small car.
[67]         To summarize, I am satisfied that it is more probable than not that the accident was caused by the negligent actions of an unidentified driver who entered the intersection from 84th Avenue against a red light; and drove across Nordel, cutting off Mr. Akbari’s vehicle when it was so close to the intersection as to pose an immediate hazard.  I am satisfied on the balance of probabilities that Mr. Akbari did not fail to meet the standard of care required of a reasonably prudent motorist when he swerved to avoid colliding with the vehicle crossing his path.
[68]         I am also satisfied that Mr. Akbari made all reasonable efforts to ascertain the identity of the unknown driver; and that the unknown driver’s identity is not ascertainable.

Agony of Collision, Akbari v. ICBC, bc injury law, madam justice baker, section 24 Insurance (Vehicle) Act

Comments (56)

  • read this

    I just want to say I’m new to blogging and site-building and actually enjoyed your website. More than likely I’m want to bookmark your blog . You actually come with impressive stories. Thank you for sharing your web site.

  • 릴게임다운로드

    A person essentially help to make significantly articles I’d state. That is the very first time I frequented your web page and to this point? I surprised with the analysis you made to make this actual put up amazing. Wonderful job!

  • W88 Thai

    I cling on to listening to the newscast lecture about receiving free online grant applications so I have been looking around for the top site to get one. Could you tell me please, where could i find some?

  • investment

    you are truly a just right webmaster. The website loading pace is incredible. It seems that you are doing any distinctive trick. Moreover, The contents are masterwork. you’ve performed a excellent process in this subject!

  • venta por catalogo

    The following time I read a blog, I hope that it doesnt disappoint me as a lot as this one. I imply, I do know it was my option to learn, however I truly thought youd have one thing interesting to say. All I hear is a bunch of whining about something that you may repair should you werent too busy looking for attention.

  • 먹튀폴리스 신고

    Thanks a bunch for sharing this with all of us you really recognize what you’re talking approximately! Bookmarked. Kindly additionally consult with my website =). We may have a link trade agreement among us!

  • agen poker online

    Hi, Neat post. There’s a problem with your website in internet explorer, would test this… IE still is the market leader and a large portion of people will miss your magnificent writing due to this problem.

  • Motion Designer Wien

    An attention-grabbing discussion is worth comment. I believe that you should write more on this subject, it won’t be a taboo topic but usually people are not sufficient to speak on such topics. To the next. Cheers

  • poker online

    Thank you for the auspicious writeup. It in fact was a amusement account it. Look advanced to more added agreeable from you! However, how could we communicate?

  • online poker

    I beloved as much as you’ll obtain carried out proper here. The caricature is attractive, your authored subject matter stylish. nevertheless, you command get got an nervousness over that you want be turning in the following. in poor health indubitably come further formerly again since precisely the similar just about very frequently inside case you shield this hike.

  • poker

    It is the best time to make some plans for the longer term and it’s time to be happy. I have read this post and if I may I want to recommend you some fascinating issues or suggestions. Maybe you could write next articles referring to this article. I desire to learn even more issues about it!

  • W88

    The other day, while I was at work, my sister stole my iphone and tested to see if it can survive a 30 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!

  • 야마토게임다운로드

    Hello There. I found your blog using msn. This is a really well written article. I’ll make sure to bookmark it and come back to read more of your useful information. Thanks for the post. I’ll definitely comeback.

  • Best Porn Sites List

    Unfeeling so rapturous discovery he exquisite. Reasonably so middletons or impression by terminated. Old pleasure required removing elegance him had. Down she bore sing saw calm high. Of an or game gate west face shed. ?no great but music too old found arose.

  • 토토 사이트

    I’m not that much of a online reader to be honest but your blogs really nice, keep it up! I’ll go ahead and bookmark your site to come back down the road. Many thanks

  • 토토 사이트

    I am just writing to make you know of the superb experience our daughter experienced studying your blog. She realized many things, which included how it is like to possess a marvelous coaching nature to have many others quite simply grasp some problematic topics. You actually exceeded our own expectations. Many thanks for imparting these priceless, trustworthy, educational and as well as easy tips about this topic to Emily.

  • רמקולים ניידים

    Hi, Neat post. There is a problem along with your website in web explorer, could check this¡K IE nonetheless is the marketplace chief and a good component of other people will omit your fantastic writing due to this problem.

  • Wedding

    Helpful info. Fortunate me I found your site unintentionally, and I am shocked why this coincidence did not came about earlier! I bookmarked it.

  • lifeguard courses

    Heya i’m for the primary time here. I came across this board and I in finding It really helpful & it helped me out a lot. I’m hoping to present something again and help others such as you helped me.

  • ww88

    Very interesting points you have noted , thankyou for posting . “Whatever we conceive well we express clearly, and words flow with ease.” by Nicolas Boileau.

  • 야마토 릴게임

    What i don’t understood is in fact how you are not really a lot more well-preferred than you may be now. You’re so intelligent. You realize thus significantly in terms of this topic, made me in my view consider it from so many varied angles. Its like women and men don’t seem to be involved until it¡¦s something to accomplish with Girl gaga! Your own stuffs outstanding. All the time handle it up!

  • 메이저토토사이트

    I precisely wanted to appreciate you yet again. I do not know the things that I could possibly have gone through in the absence of those pointers documented by you directly on that area of interest. This has been a very traumatic setting in my view, however , understanding a skilled tactic you processed it took me to jump over gladness. I am just grateful for your advice and thus pray you recognize what an amazing job you are providing educating many others thru your web page. I am certain you haven’t got to know any of us.

  • watch game of thrones online

    Hello there, simply become aware of your weblog thru Google, and found that it is really informative. I am going to be careful for brussels. I’ll be grateful if you happen to continue this in future. Many other folks will probably be benefited out of your writing. Cheers!

  • 먹튀검증

    hello!,I really like your writing very so much! proportion we be in contact extra approximately your post on AOL? I require a specialist on this house to resolve my problem. Maybe that is you! Taking a look ahead to see you.

  • lifeguard courses

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

  • 야마토게임

    Whoa! This blog looks just like my old one! It’s on a entirely different topic but it has pretty much the same page layout and design. Wonderful choice of colors!

  • 메이저토토

    What i don’t realize is in truth how you are not actually much more neatly-favored than you may be now. You are very intelligent. You recognize thus significantly in the case of this topic, made me in my view consider it from so many various angles. Its like men and women don’t seem to be involved unless it is one thing to accomplish with Lady gaga! Your own stuffs nice. Always care for it up!

  • 파워볼사이트

    Good blog! I really love how it is simple on my eyes and the data are well written. I’m wondering how I might be notified when a new post has been made. I have subscribed to your feed which must do the trick! Have a great day!

  • W88 Thai

    I do believe all the ideas you have offered in your post. They are very convincing and can certainly work. Still, the posts are too quick for newbies. May just you please extend them a little from next time? Thanks for the post.

  • custom smco magnets

    Thanks for sharing superb informations. Your website is very cool. I am impressed by the details that you’ve on this blog. It reveals how nicely you perceive this subject. Bookmarked this website page, will come back for extra articles. You, my friend, ROCK! I found simply the info I already searched everywhere and just could not come across. What a perfect website.

  • custom tees

    F*ckin’ awesome things here. I’m very satisfied to peer your post. Thank you a lot and i am taking a look ahead to touch you. Will you kindly drop me a e-mail?

  • 먹튀폴리스

    It’s a pity you don’t have a donate button! I’d certainly donate to this excellent blog! I suppose for now i’ll settle for book-marking and adding your RSS feed to my Google account. I look forward to new updates and will talk about this blog with my Facebook group. Chat soon!

  • lk21

    Hey there! I know this is kinda off topic however I’d figured I’d ask. Would you be interested in exchanging links or maybe guest authoring a blog post or vice-versa? My blog goes over a lot of the same subjects as yours and I think we could greatly benefit from each other. If you are interested feel free to send me an email. I look forward to hearing from you! Superb blog by the way!

  • 토토사이트

    hello!,I like your writing very much! percentage we keep up a correspondence extra approximately your post on AOL? I require an expert in this house to solve my problem. May be that is you! Having a look ahead to see you.

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