Snow, Ice, and your ICBC Claim
Like most of my readers I am sick of this drawn out winter and the sight of snow this week-end in Victoria seems like a cruel joke.
Snow in BC has two reliable results 1. Car Accidents, 2. Phone call to BC personal injury lawyers about those car accidents. The second is particularly true for Victoria personal injury and ICBC claims lawyers 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 as a Victoria ICBC claims lawyer 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 (also referred to as no fault 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 (non-pecuniary damages) in these circumstances. A person’s right to claim pain and suffering and other “tort” damages only arises if someone else is at fault for your injuries. In these single vehicle accidents you usually only have yourself or the weather to blame, and last time I checked you can’t sue mother nature.
If someone else contributed to the accident (perhaps the road maintenence 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 go against their policy of private insurance.
Now, if you are a passenger in a single vehicle, weather related accident, you may very well have a claim for pain and suffering. This claim would be against your driver (except perhaps in the unusual circumstances mentioned above). If 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 have a tort claim. Assuming the driver is ICBC insured then you have the right to apply for both no-fault benefits from your own insurance and make a tort claim against the driver that will be covered through his third party liability ICBC insurance.
If you are advancing a tort claim against a driver be weary of the defence of “inetible 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 than 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 that when reporting such a claim to ICBC passengers too 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 safe (I’m not talking about driving like a maniac here, I’m talking about driving less than carefully for the winter driving conditions) and you give ICBC the alternate impression with a view towards helping the driver out, the result may be severely damaging 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 the accident was inevitable you will have a much harder time advancing or settling your ICBC 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 hurt your claim for pain and suffering.
claim settlement, icbc, icbc lawyer, ICBC settlement, inevitable accident, no-fault benefits, pain and suffering, snow, tort claims, weather related accident
i thought about this
I simply want to tell you that I’m newbie to blogging and honestly liked you’re website. Most likely I’m want to bookmark your website . You surely come with terrific well written articles. Thanks a lot for sharing your blog site.
I liked up to you’ll receive performed right here. The cartoon is tasteful, your authored material stylish. nevertheless, you command get bought an shakiness over that you want be turning in the following. in poor health indubitably come more previously again since exactly the same just about very often inside case you defend this hike.
This is really interesting, You are a very skilled blogger. I have joined your feed and look forward to seeking more of your great post. Also, I’ve shared your site in my social networks!
As I site possessor I believe the content matter here is rattling magnificent , appreciate it for your hard work. You should keep it up forever! Best of luck.
venta por catalogo
Thank you, I’ve just been searching for info about this topic for a long time and yours is the best I’ve discovered till now. However, what concerning the bottom line? Are you sure in regards to the supply?
What i do not realize is in fact how you’re no longer really a lot more neatly-favored than you might be now. You’re so intelligent. You know thus considerably on the subject of this matter, made me individually imagine it from a lot of numerous angles. Its like men and women aren’t fascinated unless it is one thing to accomplish with Lady gaga! Your personal stuffs outstanding. At all times take care of it up!
I’ll immediately grasp your rss feed as I can not find your email subscription hyperlink or newsletter service. Do you have any? Please permit me recognise so that I may just subscribe. Thanks.
Wow! This can be one particular of the most useful blogs We’ve ever arrive across on this subject. Basically Magnificent. I’m also an expert in this topic therefore I can understand your hard work.
marcel van hooijdonk
I was suggested this web site by my cousin. I’m not sure whether this post is written by him as no one else know such detailed about my difficulty. You’re incredible! Thanks!
Underground Elephant Jason Kulpa
It’s appropriate time to make some plans for the future and it’s time to be happy. I have read this post and if I could I desire to suggest you some interesting things or advice. Perhaps you could write next articles referring to this article. I want to read even more things about it!
situs poker online
Its like you learn my mind! You appear to understand so much approximately this, such as you wrote the book in it or something. I feel that you just could do with a few p.c. to drive the message home a little bit, however other than that, that is magnificent blog. An excellent read. I’ll certainly be back.
you’re really a good webmaster. The web site loading speed is amazing. It seems that you are doing any unique trick. Furthermore, The contents are masterpiece. you’ve done a wonderful job on this topic!
location de vehicule paris
Can I simply say what a aid to seek out somebody who actually knows what theyre speaking about on the internet. You undoubtedly know the right way to deliver a problem to light and make it important. Extra people need to read this and perceive this facet of the story. I cant consider youre no more well-liked because you definitely have the gift.
You actually make it seem so easy with your presentation but I find this matter to be actually something which I think I would never understand. It seems too complicated and extremely broad for me. I’m looking forward for your next post, I’ll try to get the hang of it!
Nice read, I just passed this onto a friend who was doing some research on that. And he actually bought me lunch as I found it for him smile So let me rephrase that: Thanks for lunch!
I have been examinating out a few of your posts and it’s pretty clever stuff. I will definitely bookmark your site.
agen poker online
Great post and right to the point. I don’t know if this is really the best place to ask but do you folks have any thoughts on where to hire some professional writers? Thx 🙂
Really Appreciate this blog post, is there any way I can get an update sent in an email whenever there is a fresh update?
The other day, while I was at work, my sister stole my apple ipad 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 entirely off topic but I had to share it with someone!
затворы sung do
Hi, Neat post. There’s an issue with your site in internet explorer, may test this… IE still is the marketplace chief and a huge element of people will leave out your wonderful writing because of this problem.
Digital Marketing Manager Wien
Onine Marketing Manager Wien
I have been surfing online greater than three hours as of late, but I by no means discovered any interesting article like yours. It¡¦s pretty price enough for me. In my view, if all site owners and bloggers made just right content material as you probably did, the web will likely be a lot more helpful than ever before.
Thanks for any other informative site. The place else may I get that kind of information written in such a perfect method? I’ve a undertaking that I am just now working on, and I’ve been on the look out for such information.
Excellent post. I was checking constantly this blog and I am impressed! Very useful info specially the last part 🙂 I care for such info much. I was seeking this particular information for a very long time. Thank you and good luck.
Please let me know if you’re looking for a article writer for your weblog. You have some really great articles and I feel I would be a good asset. If you ever want to take some of the load off, I’d love to write some articles for your blog in exchange for a link back to mine. Please send me an e-mail if interested. Thanks!
Hi there just wanted to give you a quick heads up. The text in your article seem to be running off the screen in Ie. I’m not sure if this is a format issue or something to do with web browser compatibility but I figured I’d post to let you know. The layout look great though! Hope you get the issue resolved soon. Many thanks
Hi! I know this is somewhat off topic but I was wondering which blog platform are you using for this website? I’m getting sick and tired of WordPress because I’ve had issues with hackers and I’m looking at options for another platform. I would be fantastic if you could point me in the direction of a good platform.
you’ve a fantastic blog here! would you like to make some invite posts on my blog?
Excellent blog! Do you have any suggestions for aspiring writers? I’m hoping to start my own blog soon but I’m a little lost on everything. Would you suggest starting with a free platform like WordPress or go for a paid option? There are so many choices out there that I’m totally confused .. Any recommendations? Thanks!
watch game of thrones season 7
Hey! I’m at work browsing your blog from my new iphone! Just wanted to say I love reading your blog and look forward to all your posts! Keep up the great work!
I’ve learned a number of important things through your post. I will also like to say that there is a situation that you will make application for a loan and don’t need a cosigner such as a National Student Support Loan. In case you are getting a loan through a regular creditor then you need to be able to have a co-signer ready to assist you to. The lenders will base their very own decision using a few variables but the biggest will be your credit ratings. There are some financial institutions that will also look at your job history and decide based on that but in most cases it will depend on your scores.
I’ve recently started a blog, the information you offer on this site has helped me greatly. Thanks for all of your time & work.
Hey very cool site!! Guy .. Excellent .. Amazing .. I will bookmark your site and take the feeds additionally¡KI am glad to seek out a lot of helpful information right here in the submit, we’d like work out extra techniques on this regard, thank you for sharing. . . . . .
Efekt 24 Opinie
I’ve been absent for a while, but now I remember why I used to love this website. Thanks, I’ll try and check back more often. How frequently you update your web site?
Pretty section of content. I just stumbled upon your site and in accession capital to assert that I acquire actually enjoyed account your blog posts. Any way I will be subscribing to your feeds and even I achievement you access consistently rapidly.
wonderful points altogether, you just won a new reader. What would you recommend in regards to your publish that you just made a few days ago? Any sure?
hard dj taydeville ft crime mob free
Hi there, just became alert to your blog through Google, and found that it’s really informative. I’m gonna watch out for brussels. I will be grateful if you continue this in future. A lot of people will be benefited from your writing. Cheers!
Dead written subject material , thanks for entropy.
Hi there! 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 problems finding one? Thanks a lot!
You can certainly see your skills within the paintings you write. The sector hopes for more passionate writers such as you who aren’t afraid to say how they believe. Always follow your heart.
Hi! Someone in my Facebook group shared this website with us so I came to give it a look. I’m definitely enjoying the information. I’m book-marking and will be tweeting this to my followers! Exceptional blog and superb design and style.
Pozycjonowanie Stron Gorzow
I went over this internet site and I think you have a lot of great info, saved to bookmarks (:.
I loved as much as you’ll receive carried out right here. The sketch is tasteful, your authored material stylish. nonetheless, you command get got an edginess over that you wish be delivering the following. unwell unquestionably come further formerly again as exactly the same nearly a lot often inside case you shield this increase.
Good web site! I truly love how it is easy on my eyes and the data are well written. I am wondering how I could be notified whenever a new post has been made. I have subscribed to your RSS feed which must do the trick! Have a nice day!
Thank you for every other informative blog. Where else may I am getting that kind of information written in such a perfect way? I’ve a venture that I am just now operating on, and I’ve been on the look out for such info.
pembesar penis alami
Thank you for another excellent post. Where else could anybody get that type of info in such a perfect way of writing? I’ve a presentation next week, and I’m on the look for such information.
Comments are closed.