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Reasons for judgement were released this week by the BC Court of Appeal rejecting ICBC’s arguments trying to impose “expanded” requirements for hit and run victims to be compensated for their injuries. By way of background individuals injured by unidentified motorists can sue ICBC directly for compensation but there are statutory requirements that need to be […]
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Useful reasons for judgement were released last week by the BC Supreme Court, Vancouver Registry, which I summarize in my continued efforts to highlight the ‘reasonable efforts’ requirement for hit and run accident victims. In last week’s case (Singh v. Clay) the Plaintiff was injured in a handful of collisions. In one of the incidents the […]
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I’ve written many times about ICBC Injury Claims involving unidentified drivers. In short, individuals injured by unidentified motorists can sue ICBC directly for compensation but there are statutory requirements that need to be complied with to succeed with such a claim. The most litigated issue in these claims is whether the Plaintiff took “all reasonable […]
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As previously discussed, when suing ICBC for damages as a result of the actions of an unidentified motorist (UIM), a Plaintiff needs to make reasonable efforts to ascertain the identify of the UIM. Failing to do so will prove fatal in the claim against ICBC under s. 24 of the Insurance (Vehicle) Act. Reasons for […]
Written by admin on . Posted in Civil Procedure, ICBC Liability (fault) Cases, Uncategorized.
Reasons for judgement were released today by the BC Court of Appeal dismissing ICBC’s appeal of judgment finding them liable for injuries caused during a 2004 “gas and dash” incident. In today’s case (Nayar v. ICBC) the Plaintiff was the owner of a gas station. An unknown motorist fuelled her vehicle and attempted to drive away […]
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Further to my previous articles on this topic, when suing ICBC for compensation for injuries sustained in a hit and run accident (Unidentified motorist claims) one of the requirements under Section 24 of the Insurance (Vehicle) Act is for the claimant to make “all reasonable efforts to ascertain the identity of the unknown driver“. If a […]
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As I’ve previously written, section 24 of the BC Insurance (Vehicle) Act gives the victims of Hit and Run accidents the right to sue ICBC directly in certain circumstances. There are exceptions and limitations to this right and one such limitation is that a Plaintiff has to give proper notice to ICBC that they intend […]
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When a person is injured in a hit and run accident where the identity of the at fault motorist is unknown ICBC can be sued directly for compensation provided that s. 24 of the Insurance (Vehicle) Act is complied with. When dealing with insurance coverage issues, there often are exclusions in coverage for claims involving […]
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If you are the victim of a hit and run collision in British Columbia you can sue ICBC directly in certain circumstances to seek damages in tort. This is so because of Section 24 of the Insurance (Vehicle) Act which creates certain compensation rights for victims of hit and runs. ICBC’s monetary liability under Section 24 arising our […]
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I’ve previously posted that victims of Hit and Run accidents in BC can make a claim directly against ICBC in tort in certain circumstnaces under Section 24 of the Insurance (Vehicle) Act Section 24 has certain restrictions built in limiting the circumstances when ICBC can be sued as a nominal defendant. One of these restrictions requires […]