ICBC Claims & Inevitable Accidents

When two vehicles are in an accident, the common conclusion is that one or the other (or both) was at fault. But are there times when a car accident is just that, an “inevitable accident”? This may be the case when there are external factors beyond either of the drivers’ control or knowledge that caused the accident. This would include cases where there is snow and/or ice on the road. However, even without an obviously negligent driver, there may be an injured party.

With the combination of snow, rain and freezing temperatures continuing in the Lower Mainland, it’s not a surprise that there may be black ice on the roads. If you’ve been in an accident where the other driver slid on black ice, ICBC may try and use the “inevitable accident” defense. That is, even if the driver was a “reasonably prudent driver”, the accident would still have occurred. However, this court does not always accept this defense. For example, there may have been black ice on the road, but in the middle of winter, a reasonably prudent driver would expect that and should have been aware of the potential for black ice and been driving slower or had better tires on. These complex issues mean it’s important that you have an experienced ICBC lawyer working for you.

Even if ICBC raises the “inevitable accident” defense, you may be entitled to coverage for medical expenses, rehabilitative costs, wage loss, homemaker benefits, funeral expenses and death benefits under your Part 7 benefits. It is important to know you have only 90 days after a collision within which to make your application to ICBC for coverage benefits otherwise you may lose your right to these benefits. This application can be completed in our offices. Our lawyers will fight to protect your rights to accident benefits if you are denied by ICBC.

Contact us for a free consultation with one of our experienced ICBC lawyers in our Vancouver, Surrey or Abbotsford offices.

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