ICBC Hit and Run Claims, Reasonable Efforts and Estoppel

Further to my previous posts discussing legal obligations when seeking compensation following an unidentified motorist collision in BC, interesting reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, suggesting that in the right circumstances estoppel could be used to overcome a ‘failure to take reasonable efforts to identify the Defendant’ defence after a collision has been reported to ICBC.
In this week’s case (Springer v. Kee) the Plaintiff was injured in a 2008 collision.  The at fault driver fled the scene before the plaintiff could identify them.  The plaintiff reported the claim to ICBC and to the police but did not take any steps after this to try and identify the at fault motorist.
The plaintiff brought an action seeking compensation from ICBC pursuant to Section 24 of the Insurance (Vehicle) Act.  ICBC brought an application to dismiss the lawsuit arguing the plaintiff failed to take all reasonable steps to identify the motorist after reporting the claim.  Mr. Justice Armstrong agreed and dismissed the claim.  Before doing so, however, the Court criticized ICBC’s actions and suggested that if estoppel was plead the outcome may have been different.  The Court provided the following reasons:

[92] I accept the view that ICBC was not obliged to warn the plaintiff of his ongoing obligations in the immediate aftermath of his reporting the accident to ICBC; ICBC was, in my view, remiss in their duty to inform the injured party about the steps necessary to perfect his claim, particularly in light of the conversations with the adjuster indicating that his claim had been accepted by the corporation. It seems to me that ICBC’s communications with an injured person ought to include a warning about the prerequisites of the claim against an unidentified motorist.

[93] In my view, although not obliged to advise people of their obligations under s. 24(5), ICBC ought to recognize the risks that laypeople will rely on remarks made by adjusters suggesting settlements can be expected without warning that the claim will be denied if s. 24(5) is not complied with. Regrettably, I also note that the “Helping You with Your Hit and Run Claim” pamphlet published by ICBC that was given to the plaintiff by the adjuster does not mention the implications of s. 24(5) of the Act.

[94] Counsel for the plaintiff mentioned the concept of waiver, but did not argue this as a case of estoppel and the pleadings do not advance any claim against ICBC except as nominal defendant.

[95] Section 24(5) does not permit me to consider the actions of ICBC in the assessment of the plaintiff’s obligations under the Act. That may be the subject of a waiver or estoppel, which is outside of the scope of this application.

[96] For the reasons given by Barrow J. in Tessier, I am unable to conclude that the actions of ICBC excuse Mr. Springer’s inaction in the weeks following the accident. Therefore, I would dismiss the argument of the plaintiff in this case; I cannot grant judgment because he did not take all reasonable steps to ascertain the identity of the unknown driver as required under s. 24(5) of the Insurance (Vehicle) Act, R.S.B.C. 1996, c. 231.

Mr. Justice Armstrong, section 24 Insurance (Vehicle) Act, Springer v. Kee

Comments (68)

  • I’d must examine with you here. Which isn’t one thing I often do! I get pleasure from studying a publish that may make individuals think. Additionally, thanks for permitting me to remark!

  • In these days of austerity and relative panic about taking on debt, many people balk contrary to the idea of making use of a credit card to make acquisition of merchandise and also pay for a vacation, preferring, instead to rely on the tried and also trusted approach to making settlement – raw cash. However, in case you have the cash on hand to make the purchase fully, then, paradoxically, that is the best time for them to use the credit card for several good reasons.

  • hi!,I like your writing so a lot! proportion we keep up a correspondence extra approximately your article on AOL? I require an expert on this house to resolve my problem. Maybe that’s you! Looking forward to look you.

  • Thank you for any other great article. Where else could anybody get that kind of info in such a perfect means of writing? I have a presentation next week, and I am at the search for such information.

  • Definitely believe that which you said. Your favorite justification seemed to be on the net the simplest thing to be aware of. I say to you, I definitely get irked while people consider worries that they just don’t know about. You managed to hit the nail upon the top and also defined out the whole thing without having side-effects , people could take a signal. Will probably be back to get more. Thanks

  • I don’t even know how I ended up here, but I thought this post was great. I do not know who you are but certainly you’re going to a famous blogger if you aren’t already 😉 Cheers!

  • Thank you for the sensible critique. Me & my neighbor were just preparing to do a little research on this. We got a grab a book from our local library but I think I learned more from this post. I’m very glad to see such excellent info being shared freely out there.

  • This is really interesting, You’re an excessively professional blogger. I’ve joined your rss feed and sit up for in quest of extra of your excellent post. Also, I’ve shared your site in my social networks!

  • It is appropriate time to make some plans for the future and it’s time to be happy. I’ve read this put up and if I could I wish to suggest you some interesting issues or suggestions. Maybe you could write subsequent articles referring to this article. I wish to learn even more issues about it!

  • Hello there, You have done a fantastic job. I’ll definitely digg it and personally suggest to my friends. I am sure they will be benefited from this web site.

  • Doubtful two bed way pleasure confined followed. Shew up ye away no eyes life or were this. Perfectly did suspicion daughters but his intention. Started on society an brought it explain. Position two saw greatest stronger old. Pianoforte if at simplicity do estimating.

  • You have observed very interesting details ! ps nice web site . “I’m going to a special place when I die, but I want to make sure my life is special while I’m here.” by Payne Stewart.

  • Howdy just wanted to give you a quick heads up. The text in your post seem to be running off the screen in Ie. I’m not sure if this is a format issue or something to do with internet browser compatibility but I figured I’d post to let you know. The design and style look great though! Hope you get the problem resolved soon. Cheers

  • Hi there! 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 discusses a lot of the same topics as yours and I feel we could greatly benefit from each other. If you are interested feel free to shoot me an email. I look forward to hearing from you! Terrific blog by the way!

  • I will right away clutch your rss feed as I can’t to find your email subscription link or e-newsletter service. Do you’ve any? Please let me recognise in order that I may subscribe. Thanks.

  • I’ve learn some good stuff here. Certainly value bookmarking for revisiting. I wonder how so much attempt you set to create this kind of magnificent informative site.

  • My spouse and I absolutely love your blog and find almost all of your post’s to be exactly I’m looking for. can you offer guest writers to write content for you personally? I wouldn’t mind producing a post or elaborating on a number of the subjects you write concerning here. Again, awesome site!

  • Unquestionably believe that which you said. Your favorite reason seemed to be on the web the simplest thing to be aware of. I say to you, I certainly get annoyed while people think about worries that they plainly don’t know about. You managed to hit the nail upon the top and also defined out the whole thing without having side-effects , people can take a signal. Will probably be back to get more. Thanks

  • Its like you read my mind! You appear to know so much about this, like you wrote the book in it or something. I think that you can do with a few pics to drive the message home a little bit, but instead of that, this is wonderful blog. An excellent read. I will certainly be back.

  • What i don’t realize is in truth how you’re not actually much more well-favored than you might be now. You are so intelligent. You realize therefore considerably on the subject of this topic, made me for my part imagine it from so many various angles. Its like men and women don’t seem to be interested until it is something to accomplish with Girl gaga! Your individual stuffs great. Always maintain it up!

  • Good article. It is extremely unfortunate that over the last years, the travel industry has had to tackle terrorism, SARS, tsunamis, bird flu virus, swine flu, as well as first ever real global downturn. Through it all the industry has really proven to be sturdy, resilient as well as dynamic, finding new tips on how to deal with hardship. There are continually fresh problems and the opportunity to which the field must just as before adapt and answer.

  • What i do not realize is in reality how you are now not really a lot more smartly-preferred than you might be right now. You’re so intelligent. You recognize thus significantly in relation to this topic, made me individually consider it from a lot of varied angles. Its like women and men aren’t interested until it’s one thing to do with Lady gaga! Your own stuffs great. Always handle it up!

  • I am also writing to let you know of the perfect experience my wife’s child gained using your webblog. She figured out some issues, with the inclusion of what it is like to have an excellent giving mood to make the others just know precisely certain very confusing matters. You really exceeded people’s expected results. Many thanks for supplying those useful, healthy, informative and in addition easy thoughts on that topic to Sandra.

  • My coder is trying to persuade me to move to .net from PHP. I have always disliked the idea because of the costs. But he’s tryiong none the less. I’ve been using Movable-type on several websites for about a year and am nervous about switching to another platform. I have heard excellent things about blogengine.net. Is there a way I can import all my wordpress content into it? Any help would be really appreciated!

  • You can certainly see your enthusiasm within the work you write. The arena hopes for more passionate writers like you who are not afraid to mention how they believe. Always follow your heart. “No man should marry until he has studied anatomy and dissected at least one woman.” by Honore’ de Balzac.

  • Thanks for revealing your ideas listed here. The other thing is that if a problem comes up with a laptop motherboard, people should not go ahead and take risk involving repairing it themselves because if it is not done right it can lead to irreparable damage to an entire laptop. It is usually safe to approach your dealer of the laptop for any repair of the motherboard. They have technicians with an know-how in dealing with notebook computer motherboard troubles and can get the right diagnosis and execute repairs.

  • I know this if off topic but I’m looking into starting my own blog and was curious what all is required to get set up? I’m assuming having a blog like yours would cost a pretty penny? I’m not very internet savvy so I’m not 100 positive. Any recommendations or advice would be greatly appreciated. Cheers

  • I think this is among the most significant info for me. And i am glad reading your article. But wanna remark on few general things, The website style is perfect, the articles is really excellent : D. Good job, cheers

  • Amazing blog! Is your theme custom made or did you download it from somewhere? A design like yours with a few simple adjustements would really make my blog shine. Please let me know where you got your theme. Thanks

  • Thank you for the sensible critique. Me & my neighbor were just preparing to do a little research on this. We got a grab a book from our area library but I think I learned more from this post. I’m very glad to see such fantastic info being shared freely out there.

  • I like this post, enjoyed this one thank you for posting. “To the dull mind all nature is leaden. To the illumined mind the whole world sparkles with light.” by Ralph Waldo Emerson.

  • Thanks for another magnificent post. Where else could anyone get that type of info in such an ideal method of writing? I have a presentation subsequent week, and I am at the look for such information.

  • This is very interesting, You’re a very skilled blogger. I have joined your feed and look forward to seeking more of your magnificent post. Also, I’ve shared your web site in my social networks!

  • Wonderful story, reckoned we could combine a few unrelated data, nonetheless genuinely really worth taking a search, whoa did one understand about Mid East has got additional problerms as well

  • Wonderful story, reckoned we could combine a couple of unrelated data, nonetheless really really worth taking a appear, whoa did one particular study about Mid East has got far more problerms as well

  • Oh my goodness! an incredible article dude. Thank you However I’m experiencing issue with ur rss . Don’t know why Unable to subscribe to it. Is there anybody getting identical rss downside? Anyone who knows kindly respond. Thnkx

  • I do agree with all of the ideas you have presented in your post. They’re really convincing and will certainly work. Still, the posts are too short for novices. Could you please extend them a little from next time? Thanks for the post.

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