What is an Inevitable Accident?
An inevitable accident is an auto accident that cannot be prevented or anticipated, meaning no one is to blame.
If ICBC says that your accident was inevitable, it could impact your ability to claim compensation. If you find yourself in this situation, we recommend that you speak to a car accident lawyer from John Mickelson Law Corporation straightaway.
ICBC claims
When you are injured in an auto accident in British Columbia, there are two potential ways of seeking redress.
Firstly, you can obtain Part 7 benefits, which cover things such as your medical and rehabilitation costs. You have to be considered ‘insured’ in order to be eligible, but the scope is quite extensive. You can claim these benefits even if you were responsible for causing the accident.
If you were injured through no fault of your own, you can obtain Part 7 benefits and make a claim for personal injury compensation. If your claim is successful, you will be awarded money to compensate for your pain, suffering and out-of-pocket expenses.
Inevitable accidents and ICBC claims
However, the only way you can make a personal injury claim is if someone else is to blame for your injuries. That is why the concept of an ‘inevitable accident’ is so important to ICBC claims.
An inevitable accident means that the incident could not have been prevented or anticipated, exonerating the driver (or another person/organisation) from blame. So, if ICBC alleges that the accident in which you were injured was inevitable, you cannot make a personal injury claim. This means you cannot claim compensation, although you can still get Part 7 benefits.
Examples of inevitable accident
There are various ways in which an inevitable accident might arise. Common examples include –
- A medical emergency
- Animals suddenly appearing in the road
- Natural disasters
- Inclement weather
Ultimately, it comes down to the circumstances of the accident. Sometimes two incidents will seem very similar, yet one is deemed an inevitable accident and the other is not.
For example, imagine there are two drivers and each has a seizure while behind the wheel. The first driver had been experiencing seizures for some years, while the second had until that point been in perfectly good health. In this situation, the first driver will be at fault for the accident because he or she knew of the risk. Yet the second driver could not have known that a seizure would occur, absolving him/her of blame.
Car accident lawyer
If you are making a personal injury claim and ICBC uses the defence of an inevitable accident, we suggest that you instruct a car accident lawyer straightaway, if you have not already done so.
A car accident lawyer can assess the defence put forward by ICBC and recommend whether or not it can be countered. Unless you clarify your legal position, you could miss out on the compensation you are legally entitled to receive.
Contact us now
If you have been injured in an accident in British Columbia and want to speak to a car accident lawyer, please contact us now at John Mickelson Law Corporation. Either fill in the free online enquiry form or call us on 604 684 0040.
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