Can I Claim for a Hit and Run Accident?
You can make an ICBC claim if you are injured as a result of a hit and run accident, but you must take reasonable steps to identify the driver. If you do not meet the requirements set out by ICBC, you will lose your right to claim.
Hit and run accidents British Columbia
In British Columbia, the Insurance (Vehicle) Act provides that you can recover compensation in a hit and run accident if your vehicle is damaged, and/or you suffer injury or death.
If you simply forget to take the driver’s name and license plate number at the time of the accident, or you do not think it is necessary because the damage is only minor, then this will not count as a ‘hit and run’.
Rather, the driver must flee the scene of the accident before you have had a chance to take down any details.
What to do if you are involved in a hit and run
If you are involved in a hit and run accident, you can recover compensation for –
- The damage sustained by your vehicle
- Your personal injury
When recovering compensation for the damage done to your vehicle, you simply need to report the incident to ICBC. You may then be asked to take it to a centre where the damage can be assessed.
When recovering compensation for your personal injury, the process is a little more complicated. This is because the onus is on you to prove that you have taken ‘reasonable steps’ to identify the driver at fault. If ICBC does not feel like you have done enough to find the driver, your claim could fail.
A hit and run lawyer can advise what ‘reasonable steps’ you can take to ascertain the driver’s identity. This might include –
- Notifying the police about the accident as soon as you are able
- Putting up signs around the scene of the accident appealing for witnesses
- Placing signs in local newspapers asking for witnesses and the driver to come forward
You must also tell ICBC about the accident as soon as is reasonably practicable. ICBC must certainly have had written notice within six months of the accident, although in most situations the time frame is much shorter. In fact, one particular claim in British Columbia failed after the injured person waited two months before reporting the accident to ICBC.
Hit and run lawyer
Therefore if you are involved in a hit and run accident and you want to pursue compensation for your injuries, you must try to find the driver at fault, and you must not wait too long before notifying ICBC.
Ideally, you should speak to a hit and run lawyer before contacting ICBC. By getting expert legal advice, you can be sure that you have met the requirements set out by ICBC, maximizing your chances of success.
A hit and run lawyer can also manage the claims process for you, helping you get the compensation you deserve. In hit and run claims, compensation awards are capped at $200,000, although it may be possible to increase this using Underinsured Motorist Protection (UMP).
Contact us now
If you are looking for a hit and run lawyer to help you with a hit and run claim, please do not hesitate to contact us at John Mickelson Law Corporation. Either fill in the free online enquiry form or call us on 604 684 0040.Go back to Blog