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Injured In A Hit And Run? What You Need To Know About Your ICBC Claim

Vancouver lawyers at Simpson, Thomas & Associates see firsthand the upsetting consequences of hit and run motor vehicle accidents. Accident victims may be left with serious injuries including whiplash, spinal injuries, concussions, and traumatic brain injuries. In rare but devastating cases, the accident victim is rendered quadriplegic or paraplegic as a result of a hit and run accident. While struggling to cope with their injuries, the victim of the hit and run is also burdened with trying to navigate the ICBC claims process where the at-fault driver is unidentified.

Hit and run ICBC claim: Vancouver lawyers explain the basics

A victim of a BC hit and run motor vehicle accident can bring a personal injury ICBC claim for compensation for losses up to $200,000 because of section 24 of BC’s Insurance (Vehicle) Act. http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_96231_01#section24 However, there are very specific requirements and limitation periods set out in section 24 that must be complied with in order to successfully claim ICBC compensation for a hit and run accident. For example:

  • The injured person must make all reasonable efforts to identify the at-fault driver (e.g., getting contact information from any witnesses and posting signs at the scene of the accident after the fact); https://simpsonthomas.com/icbc-claims/icbc-claims-process/at-the-accident/

  • There are strict requirements for reporting a potential unidentified driver claim to ICBC; and

  • ICBC requires a police report where injuries result from a hit and run accident.

If the section 24 requirements are not met, ICBC can deny the hit and run accident victim’s insurance claim. That is why the best course of action is to hire a Vancouver ICBC claims lawyer as soon as possible after a hit and run accident. An experienced ICBC claims lawyer will protect the injured person’s legal rights because they know the steps to take and the deadlines to meet in order to perfect a hit and run ICBC claim.

Additional compensation for innocent victims with ICBC claims

Vancouver lawyers at our personal injury firm handle all types of ICBC claims, including those involving significant or catastrophic injuries https://simpsonthomas.com/icbc-claims/resources/icbc-claims-catastrophic-injuries/ such as severe traumatic brain injury, quadriplegia or paraplegia, severe orthopedic injury, or amputation. These are very complex and challenging cases when dealing with ICBC, even without the added layer of complication that is added where the driver is unidentified. As discussed above, damages for ICBC claims for personal injury caused in a hit and run accident are limited to $200,000. Where that is the case, the innocent accident victim may be able to make a claim under the Underinsured Motorist Protection (“UMP”) coverage that is part of their Basic Autoplan insurance. Every insured motorist in BC has $1,000,000 of UMP coverage, and some may have up to $5,000,000 if they purchased excess coverage. UMP claims are very technical so if significant or catastrophic personal injuries have been caused by a hit and run driver, the accident victim or their loved ones should contact the Vancouver ICBC claims lawyers at Simpson, Thomas & Associates for legal advice as soon as possible after the accident.

SIMPSON, THOMAS & COMPANY: Get help from a Vancouver ICBC claim lawyer

If you have been injured as a result of a hit and run accident, contact Simpson, Thomas & Associates for help. We have considerable experience handling unidentified driver claims. Our ICBC claims lawyers will protect your legal rights and ensure that the requirements are met to perfect your claim for ICBC compensation. You or a loved one can contact us at (604) 243-2657 to schedule your free consultation with a skilled ICBC claim lawyer. Vancouver, Surrey/Delta, Burnaby and Abbotsford office appointments are available, or one of our lawyers will come to you if you are facing mobility issues. 

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