Car Accidents

Leading Accidents that Result in Concussion

A concussion is a mild form of Traumatic brain injury (TBI) that affects brain function and usually caused by a blow to the head, bump, violent shake or any blunt force to the area. Concussions are usually temporary but are a common result of motor vehicle accidents or any other form of personal injury. It’s important to note that even a violent shake of the upper body can cause a concussion.

Neck Massage on Patient After Concussion | Tim Louis and Company
Most of those who suffer from a concussion, recover quickly and fully. However, in more serious cases, symptoms can last for weeks or longer.

Symptoms of a Concussion

It’s important to know that concussions don’t always present symptoms. If symptoms do show up, they may not present themselves right away and can last for days, weeks or longer. The most common symptoms of a concussive traumatic brain injury are amnesia (memory loss), headaches and disorientation.

Physical Symptoms of Concussion:

  • Ears ringing
  • Headaches
  • Nausea
  • Vomiting
  • Fatigue
  • Blurry vision
  • Fluid or blood draining from the nose or ears

Other symptoms may include:

  • The inability to remember the traumatic event that caused the concussion
  • Confusion
  • Feeling of dizziness / Confusion
  • Problems with speech
  • Sleep disturbances
  • Feelings of depression, nervousness and/or anxiety
  • Feeling isolated or alone

When to Seek Medical Attention

Seek medical attention immediately if you or your child has suffered from a head injury – even if emergency care isn’t required.

Leading Accidents that Result in Concussion:

Motor Vehicle Related Injury

Motor vehicle accidents are a common cause of mild or severe TBIs or concussions. These head injuries can occur from any head injury such as hitting the dashboard, driver window or another passenger.

Slip & Falls

When you think about a slip and fall injury, you probably imagine sprains, broken bones, bad bruises or pulled tendons. Head injuries though are very common – so common in fact that they are one of the leading causes of mild to very severe, life-changing forms of concussion.

Any of these slip and fall accidents can result in a mild to severe concussion:

  • Slipping on the wet floor
  • Falling in a store and knocking your head on the floor or against a shelf
  • Tripping over an obstacle or crack on the sidewalk resulting in a blow to the head
  • Falling in around someone’s residence and knocking your head

Assaults

It’s obvious that victims of any type of physical assault are at risk for having a concussion. Any blow to the head, twist and or fall can result in a mild to serious head injury.

Playing Sports

The Public Health Agency of Canada Reports that for females, approximately 20,000 (45%) of brain injuries result from sports and recreation. For males, approximately 26,000 (54%) of brain injuries result from sports or recreational injuries.

According to the Canadian Hospitals Injury Reporting and Prevention Program (CHIRPP), Ice Hockey, Rugby and Ringette are the most common sports with the highest the proportion of brain injuries among children and youth 5-19 years of age, ranging from 27% to 44% of all injuries that happened while playing these sports.

According to the government of Canada, 1 in 2 Canadians has little to no knowledge about concussions. Since only 4 in 10 Canadians are aware of available concussion tools and resources, we have added some reliable and trusted sources below to learn more about the causes and treatment of mild or severe concussions.

Contact A Trusted Personal Injury Lawyer

If you or a loved one has suffered from a mild or severe concussion resulting from a motor vehicle collision, or slip and fall, Tim Louis and his compassionate and talented legal team can give you the reliable, trusted advice you require. Contact us today for a free consultation at 604-732-7678 or TimLouis@TimLouisLaw.com

Sources:

https://www.canada.ca/en/public-health/services/diseases/concussion-sign-symptoms/concussion-sport-infographic.html

https://my.clevelandclinic.org/health/diseases/15038-concussion

Personal Injury Claims for Children

For any parent or guardian, knowing that a child in their care has been injured can be a stressful ordeal. Of course, the number one concern after a vehicle collision is the child’s well being. However, if you are unsure about the next steps to take after an accident, we have gathered essential information necessary to ensure your child’s personal injury claim is filed. Note it is always best to contact an experienced personal injury lawyer to alleviate the stress of dealing with a complex claim involving children.

Personal Injury Claims for Minors

Personal Injury Claim for Your Kids | Tim Louis & Company Law in Vancouver
Personal injury claims for children can be an intricate and complex process. As much as you may want to just focus on your child’s health during this difficult, stressful time, it’s important to be aware of the steps necessary to ensure that your child’s injury resulting from an accident is documented and a personal injury claim is submitted as soon as possible.

Start a Claim As Soon As Possible

It is always ideal to start a claim sooner rather than later. If a claim is submitted immediately, key evidence can be submitted before it is lost and any witnesses will still have clear details of the accident fresh in their mind — which will, in turn, help the claim.

Children do not always have the ability to articulate express their feelings – so documenting any changes in mood and behaviour is important. Children’s claims can span a number of years — another good reason to start a claim immediately and document every detail along the way.

How Long Does a Child Have to Make a Personal Injury Claim?

Another good reason to start a claim right away is the fact that there can be certain time limits to adhere to. As an example, if a child has been injured in a vehicle collision, he or she may be entitled to ICBC part 7 benefits (a no-fault portion of ICBC insurance coverage). http://www.bclaws.ca/civix/document/id/complete/statreg/447_83_07

ICBC Part 7 Benefits include the following:

  • Medical and rehabilitation benefits
  • Funeral and death benefits
  • Disability (lost earnings) benefits

The most commonly known limitation for child claims is 2 years, which doesn’t start until the child turns 19. Another less common limitation in relation to ICBC is also 2 years, but begins right after the crash occurred – and can end as early as the 1-year mark after the accident occurred.

Compensation Settlements for Children

BC law recognizes that children under the age of 19 may be unaware of their rights and may not be able to fully understand the complexities of the situation and are unable to represent themselves. For this reason, minors are prohibited from representing themselves and require an adult to submit the personal injury claim on their behalf. There are 2 options available:

1. A litigation guardian can be appointed
(Typically a parent or close relative will pursue a claim on the child’s behalf)

2. The child may wait until their 19th birthday to pursue a claim. When this happens, he/she has 2 years in which to submit a claim (must be settled by his/her 21st birthday).

Speak to a Lawyer Right After Your Child’s Accident

Personal injury cases involving children are extremely complex. If you or your child has been injured in a motor vehicle collision in Metro Vancouver, Tim Louis and his compassionate and experienced team can give you the reliable and trusted advice you deserve, deal with ICBC on your behalf and ensure that the limitation for your child’s Part 7 ICBC benefits does not get missed. Contact us today for a free consultation and we’ll do everything we possibly can to get the personal injury settlement your child deserves. Contact 604-732-7678 or timlouis@timlouislaw.com. We’re here to help.

Sources:
http://www.bclaws.ca/civix/document/id/complete/statreg/447_83_07

Hit and Run Crashes: What You Should Know

A hit and run can be one of the most frustrating experiences for a driver. Whether the driver who causes a collision fails to stop, or flees the scene of a crash without providing their information, a hit and run is a serious offence.

Hit and run Crashes

What is a Hit and Run?

A hit and run is when an unidentified driver flees the scene after damaging a vehicle/property, and/or injures a pedestrian. When filing a hit and run claim, a judge or jury decides whether or not you made “all reasonable efforts” to confirm the identity of the unknown driver and owner – that is if ICBC decides that you did not take these measures. If you are involved in a hit and run, below are some of the steps you should take to help ensure you meet the requirements:

(Note: you should seek legal advice immediately in the case of a hit and run accident).

Steps To Making a Hit and Run Claim

Contact the police immediately and identify the vehicle/driver if possible

  • police

    Try your best to identify the other vehicle and if possible, the other driver. If you can, jot down the vehicle’s license plate number – this will assist authorities with the investigation. The more information you can collect the better such as the colour, make and model of the vehicle, and what direction the car was heading.

If you Have Been Injured, Seek Medical Attention Immediately

  • If you have been injured, seek a medical professional right away to get checked out.

Observe and Photograph the scene of the Crash

  • Look around the scene for any skid marks or any debris left behind from the vehicle that caused the crash. Take measurements of any skid marks on the pavement and take clear photographs of the crash location — as these details can be used as evidence. Only collect any evidence if police have not done so – or contact your lawyer to find out if an accident reconstruction engineer should be assigned.

Report the Claim to ICBC

Speak to Businesses and Residents in the Area Surrounding the Crash

  • Speak with any residences or businesses that are close to the scene of the hit and run crash that may have witnessed the incident and in turn may be able to note the make and model or even the colour of the vehicle, which can assist the investigation.

witnesses

Spread the Word to Locate Witnesses

  • Near the scene of the crash, put up notices clearly outlining the date and time of the incident, along with any other details that would be useful for potential witnesses. Also submit ads to online community classifieds, forums and newspapers and the best way for them to contact you.

Follow Up with Police

  • Follow up with police on a regular basis for the latest details on the investigation and take notes along the way.

How Much Am I Covered?

  • Residents in British Columbia are covered for up to $200,000 for any injuries, property damage or death resulting from a hit and run.
  • Non BC residents are also covered – however, depending on where they live limitations may vary.

What Do I have to Pay?

  • For hit and run damage to your vehicle or property, ICBC requires drivers pay a $750 deductible, or your ICBC collision deductible, whichever is less.
  • If you suffer from an injury resulting in a hit and run crash, there is no ICBC deductible and your insurance premium will not be affected.

Contact An Experienced, Trusted Personal Injury Lawyer

Tim Louis and his compassionate and talented legal team can give you the solid, trusted advice you need and can deal with ICBC on your behalf. If you or your loved one has been injured in a hit and run motor vehicle collision in Metro Vancouver and would like to consult with our legal team who will do everything they possibly can to get you the personal injury settlement you deserve, contact us today for a free consultation at 604-732-7678 or email timlouis@timlouislaw.com

sources:
https://www.icbc.com/claims/repair-replace/Pages/Hit-and-run.aspx

Most Common Airbag Injuries

airbag injuries

Airbag Injuries

Airbags have been designed to quickly deploy in a vehicle collision to protect your upper body and head from hitting the steering wheel or dashboard. Airbags can prevent injury and saves lives. However, injuries can happen – whether it is from airbag malfunction or improper positioning in a vehicle, it’s essential to recognize that personal injuries may still occur.

Where are Vehicle Airbags Located?

Front airbags are situated in the steering wheel hub of the vehicle and the passenger-side dashboard. In newer cars, airbags are located in the front and on the sides. Side airbags have been designed to protect occupants from side impact during rollover accidents. If you have airbags in your vehicle, ensure that you are familiar with airbag
locations and safety requirements by reading your vehicle owner’s manual before installing child restraint car seats.

How Do Airbags Work?

air bag warning stickerA vehicle collision results in rapid deceleration, which triggers the front airbags. Nitrogen gas is produced, resulting in inflation at speeds of roughly 300Km/hour in order to protect your head and chest in a high-speed collision. Seatbelts are usually enough to protect the driver and front passenger in a low-speed collision – protecting the occupant’s chest and head. However, it is important to note that it is uncommon for front airbags to deploy in rear-end collisions, rollovers, or side-impact accidents. During these types of crashes, the side airbags deploy, providing protection between vehicle occupants and the doors.

What Causes Airbag Injuries?

A number of injuries have resulted from faulty airbag deployment or during regular operation of the front and side airbags. There have been cases of airbag deployment without the vehicle being turned on or running at all. The intensity of airbag inflation is another cause of personal injury resulting from airbag deployment. In fact, airbags are inflated with such force that the metal casing surrounding it may produce shrapnel, causing injury.

  • Airbags may deploy at the wrong time
  • Airbag deployment in a low-impact collision
  • The crash sensor may fail to deploy the airbag when needed
  • Only one airbag deploys
  • The airbag may deploy too late (timing of airbag deployment is important. Even if the airbag deploys a fraction of a second too late, it could cause serious personal injury to the driver and occupant).

What Injuries Can Airbags Cause?

Airbag deployment may lead to a range of injuries. The chemicals used within the device, the rate of the airbag deployment, airbag design, and lack of seatbelt use all play a role in airbag-related injuries. While rare, airbag injuries have the potential to cause significant trauma:

  • Facial Injuries
  • Chest Injuries
  • Neck & Back Injuries
  • Burns to the chest, arms, and hands
  • Skull, rib cage, face, arm, and wrist fractures
  • Concussions, brain swelling and bruising as well as loss of consciousness
  • Asthma attacks and other throat irritations
  • Eye injuries
  • Trauma to the ear that may lead to hearing loss
  • Internal bleeding
  • Fetal injury in pregnant women

How to Minimize Airbag Injuries

seat beltYou can reduce the risk of an airbag injury in an accident by taking these precautions when you drive your vehicle:

  • Always wear a seatbelt
  • Children under 12 should always ride in the back seat
  • Ensure that seats are at least 10” back from the front dash of your vehicle (airbag deployment area)
  • Check your vehicle’s model and year for any airbag-related recalls
  • Ensure you are using the correct car seat for your child’s height and weight.
  • Children should be properly secured and in the proper-seated position at all times.
  • If possible, avoid driving if you are pregnant
  • Do not place your arms across the steering wheel
  • Tilt the steering wheel downward, toward your chest – not your neck or head
  • Place both front seats as far as possible and as comfortable for safe driving
  • Do not install rear-facing infant restraints in the passenger seat.

What Steps Should I Take if An Airbag Malfunctions?

  • Preserve the evidence related to the airbag (parts)
  • Ensure the vehicle’s computer doesn’t get wiped
  • Do not transfer the vehicle over to ICBC, mechanic or junkyard

Contact A Trusted, Experienced Personal Injury Lawyer

If you are suffering injuries sustained in a vehicle accident from an airbag malfunction or deployment, contact our compassionate and experienced legal team at Tim Louis Law and Associates to book your free consultation today by calling 604-732-7678 or email Timlouis@timlouislaw.com

source:
https://www.icbc.com/about-icbc/newsroom/Documents/airbags.pdf

Top 5 Mechanical Failures that Cause Car Accidents

car accidents

Mechanical Failures that Cause Car Accidents

With car accidents a regular daily occurrence, it is not always clear what the underlying cause is until a thorough investigation has been concluded. With a number of accidents attributed to excessive speed, driving under the influence, driver error or weather conditions – it can be easy to forget that some accidents are caused simply due to the neglect of routine maintenance — leading to vehicle complications or even mechanical failure if left unchecked.

Keeping your vehicle maintained can go a long way in avoiding accidents caused by mechanical failures. Here are a few of the most common mechanical failures and what to look out for to ensure your vehicle is in tip-top shape:

Prevent Car Accidents – Check Your Brakes

brake padsBrakes are an essential safety feature we use as drivers on the road. However, brakes can also be one of the most ignored when it comes to routine checks – often being left completely worn before a proper inspection or needed replacement. If your brakes are not properly maintained, you could find yourself braking harder on the road,
throwing off drivers behind you, or prevent you from stopping – injuring other drivers, pedestrians or yourself and your passengers.

Here are some early signs of brake wear to look out for:

  • Excessive vibration when applying pressure to your brakes
  • Reduced responsiveness while braking (spongy or soft brake pedal)
  • Noticeable pulling when applying pressure to your brakes
  • Frequent or infrequent squealing or screeching noises while braking
  • Loud metallic grinding noises coming from your brakes

Tires – maintain them to prevent car accidents

Your vehicle’s tires keep you moving – gripping the road through poor road conditions, ensuring that you arrive at your destination safe and sound. This is why it is crucial to conduct routine checks on your tires daily and before taking any extended trips – ensuring your tires are in the best shape possible.

Early signs that you may need to have your tires rotated or replaced can include:

  • Bulges, gouges, or cracks in the tire or tire sidewall
  • Significant and/or uneven tread wear
  • Tires losing pressure or deflating faster than normal
  • Excessive vibration while driving

brake light

Headlights/Taillights/Brake Lights

The lights on your vehicle allow you to see – and be seen. This makes them one of the most important safety features for your vehicle in terms of accident prevention while driving. However, lights do fail — which is why you should be conducting a routine inspection of all lighting systems on your vehicle before driving.

Signs that you may need to have your headlights or taillights inspected or replaced can include:

  • Significant dimming over time
  • Flickering or random fading
  • One or multiple bulbs going dark
  • Significant time passing (better safe than sorry)

Malfunctioning Windshield Wipers can Cause Car Accidents

windshield wipersWindshield wipers can make a big difference in overall driver safety and visibility — removing dirt, rain, and snow – while running for hours at a time to keep your view of the road clear at all times.

Unfortunately, windshield wipers do wear over time – often warping, cracking or even tearing from long-term use in heavy weather — this can cause them to lose their flexibility and even fail altogether. You should always keep an eye on your wipers and check them daily to ensure they are functioning properly.

Signs that you may need to have your windshield wipers replaced can include:

  • Streaking
  • Unusual noise or squealing
  • Skidding or Irregular movement
  • Ragged or distorted blades

Contact A Personal Injury Lawyer

Drivers and passengers who are injured in accidents that are the result of mechanical failure may wish to contact a personal injury lawyer. Contact our compassionate and experienced legal team at Tim Louis Law & Associates. We will help build your claim for the compensation you deserve.
To book your free consultation, call 604-732-7678, or email timlouis@timlouislaw.com. We’re here to help.

Preventing Child Injury in an Auto Accident

Auto Accidents – Preventing Child Injury

With the start of summer less than a month away and many of you planning some long awaited warm weather fun on the road, we want to remind everyone to think ahead on one of the most important, but often overlooked safety preparations – ensuring that child safety seating in your vehicle is up to standard and ready for use.

preventing child injuryAn unfortunate fact in British Columbia is that many children are injured in motor vehicle accidents every year simply due to lack of effective seating, or because sub-par equipment has been kept long past its usefulness.

Preventing Child Injury

With ICBC reporting as many as 1,300 injuries or fatalities annually in children aged 9 years or younger related to child car seats or booster seats, further research suggests that these numbers can be reduced significantly with the risk of fatality being reduced by 71% and the risk of serious injury by 67%.

The numbers are clear, so how can you ensure your children are protected this summer? Here are some helpful tips to consider:

The Four Stages of Child Seating and Restraint Systems in British Columbia

Children will outgrow everything! This includes car seats and booster seats; which is why you must ensure you are using the correct type and size of seat – not only to avoid injury, but also to ensure you are following the law of the road in British Columbia.

The four stages of seating that you need to be aware of are:

1. Infants:

Infants are required to sit in rear-facing car seats until they are at least 12 months old and over 9kg (20 lbs.)

section stage carseat

2. Toddlers:

Toddlers are required to sit in forward-facing car seats from at least one year old and over 9 kg (20 lbs.) and should continue to be buckled into this type of seating until they are 18 kg (40 lbs.)

3. Children under 9 years old:

Children under 9 years old are required to be in booster seats with seat belts or until they have reached a height of 145 cm (4’9”) tall

4. Youth:

A properly adjusted seat belt is the last stage for anyone over 9 years of age

Is your Child’s car seat installed correctly?

One of the most common problems leading to serious injuries or fatalities of children when riding in a motor vehicle is an incorrectly installed car seat or booster seat. Prior to driving with a child for ANY period of time, you should always check:

  • Your vehicle owner’s manual for any information on installing child car seats
  • Transport Canada’s Motor Vehicle Safety Standards website (http://www.tc.gc.ca)
  • The manufacturer’s manual that came with your car seat
  • The Provincial rules or regulations regarding car seat, booster seat or seat belt use in your vehicle

Always do your research! If you are still not sure whether you have installed your child car seat correctly, there may be other resources offered online or in your community that can help you.

Prevent Child Injury

Be Aware of Safety Recalls – How to Prevent Child Injury in an Auto Accident

We all want to make sure that we buy the best equipment, especially when it comes to the safety of our children and our vehicle passengers – unfortunately, in an age of fast production and mass production, sometimes flawed equipment can make it to consumers unnoticed. This is why you should always try to be aware of any potential safety recalls and recall lists for car seats or booster seats that you own or use in your vehicle. Some sources to keep in mind and up to date on for safety recall information include:

  • Transport Canada
  • The Child Passenger Safety Association of Canada
  • The Manufacturer Website for your specific car seat or booster seat
  • Local Media Announcements
  • Social Media Groups

If you or a loved one has been injured as a result of a traffic accident, contact our compassionate and experienced legal team at Tim Louis Law & Associates. We will help build your claim for the compensation you deserve. To book your free consultation, call 604-732-7678 or email timlouis@timlouislaw.com We’re here to help.

Sources:
https://www.icbc.com/road-safety/safer-drivers/Documents/Seatbelt-fact-sheet.pdf
https://www.icbc.com/brochures/Pages/child-car-seats.aspx
https://www.bcaa.com/community/child-car-seat-safety
https://www.tc.gc.ca/en/services/road/child-car-seat-safety/installing-child-car-seatbooster-seat.html
https://www.cpsac.org/recall-list/

Spring Road Safety in Metro Vancouver

Spring has officially arrived and it’s time to consider road safety. With longer days ahead, it’s time to give that car a wash, remove your vehicle’s winter tires and enjoy the milder spring weather.

We’re not entirely out of the woods quite yet though – considering British Columbia’s temperate rainforest climate, heavy rain can always creep up on us in the spring. Keeping your vehicle in tip-top shape for unforeseen weather is essential along with practicing safe driving habits.

Road Safety: Prepare Your Vehicle

With snow, ice and slush on the roads this past winter, you may have put extensive wear on your brake pads, wheels and or clutch. Take your vehicle in to your local trusted mechanic for a spring tune-up, where your vehicle’s essential fluids will be topped up, wheels changed/rotated, and any other replacements you may need for safe driving:

  • Brake pads, fluids topped up and/or rotors replaced
  • Tire rotation, change and or inflation
  • Anti-freeze fluid replaced with coolant
  • Battery check
  • Oil filter change
  • Clean windows and replace wiper blades
  • Check all lights including headlights, taillights and brake lights, turn signal blinkers and parking lights.

Be Patient While Driving

road safetyDrivers must follow the posted speed limits on BC roads. However, with the warmer weather, drivers may become less cautious. Remember, just because the roads are clear of rain and ice does not mean roads are without potential hazards. Plan your route to prevent speeding, drop your speed when necessary and be aware of other drivers around you. Leaving a safe distance around your vehicle is the best way to keep safe while driving and ensure you plan your route ahead of time to prevent the urge to speed to your destination.

Watch Out for Pedestrians

With warmer weather, come more pedestrians, cyclists, and animals on the road. Remember what you learned in driving school: follow posted speed limits on highways, residential streets and in school zones. Always scan the intersection before passing through and stop at crosswalks — giving pedestrians the right of way. Blind spots are a significant hazard – cyclists and pedestrians may be out of view through your mirrors, so always make sure you shoulder check.

Road Safety and Cyclists

Share the Road – Road Safety Tips

As BC weather continues to improve, more cyclists will be commuting to work or for recreation. Keep in mind that cyclists in BC share the same rights and responsibilities as motorized vehicles.

  • Keep a safe distance. Stay at least 1 meter away from a cyclist when passing and maintain at least 3 seconds behind a cyclist on the road.
  • Don’t get distracted. Make eye contact with cyclists if you can and always keep a lookout – especially in densely populated areas
  • Dooring can be deadly. According to ICBC, 1 in 14 vehicle collisions involving cyclists are the result of dooring. Always shoulder check — keeping an eye out for oncoming cyclists before opening vehicle doors.
  • Yield to Cyclists Always signal in advance if you need to pull over or cross a bike lane, and of course, always yield to cyclists.
  • Look Ahead You should always make a habit of shoulder checking for cyclists before turning right and keep an eye out for oncoming cyclists when turning left. Scan for cyclists before you enter a street from an alley or out of a spot where it’s difficult to see clearly. Stay cautious.

Watch Out for Wild Life – Road Safety

road safety and wildlifeSpring is the time of year when wild animals begin foraging for food and may need to cross a busy roadway. Keep an eye out for any animal crossing signs, scan highways and roads for wildlife and reduce your speed if necessary. It’s important to note that animals are active all day and if you are about to hit an animal while behind the wheel, try to strike wildlife on an angle to prevent the animal from passing through your windshield.

Hurt In An Accident? Tim Louis Law Can Help

Tim Louis and his compassionate and talented legal team can give you the solid, trusted advice you need and can deal with ICBC on your behalf. If you or your loved one has been injured in a motor vehicle accident in Metro Vancouver and would like to consult with our legal team who will do everything they possibly can to get you the personal injury settlement you deserve, contact us today for a free consultation at 604-732-7678 or email timlouis@timlouislaw.com

source:
https://www.icbc.com/about-icbc/newsroom/Pages/2016May25.aspx

Injury Claims When the Other Driver Does Not Have Insurance

ICBC Injury Claims

Injury Claims

ICBC’s Basic Autoplan – Injury Claims

In the Province of British Columbia, law requires that all drivers maintain valid automobile insurance. This mandatory insurance provided by ICBC, also known as Basic Autoplan, is the bare minimum required – though drivers may wish to purchase additional coverage to supplement this basic plan.

There are two broad categories of coverage provided by ICBC. These are known as No-fault benefits and third-party liability coverage:

No-Fault Benefits

insurance signature paperworkUnder the basic Autoplan insurance coverage provided by ICBC, drivers in British Columbia are entitled to no-fault benefits. This falls under Part 7 of the insurance (vehicle) act and applicable regulations — meaning that no-fault benefits are available to those insured drivers regardless of who was at fault during the accident.

These benefits include:

It is important to note that you are entitled to no-fault benefits even if the motor vehicle accident you are involved in is your fault, regardless if the other driver is insured or not. If the other driver is underinsured or unidentified, you are also entitled to no-fault benefits. It is important to seek advice from your lawyer to ensure that you comply with reporting and notice requirements.

Third Party Liability Coverage

BC drivers are entitled to a minimum of $200,000 in third party liability coverage under basic Autoplan insurance. Third party liability covers a person’s injuries and any property damage if the other driver was at fault in a motor vehicle accident. Third party liability coverage also applies to vehicle accidents where the other driver is either uninsured or underinsured.

Hit-and-Run Accidents – Injury Claims

classifiedsThere are several important steps to be taken under the insurance (vehicle) act in order to prove that the accident happened. ICBC requires proof that you have attempted all possible measures in identifying a hit-and-run driver – such as posting flyers near the accident scene, have published notices in local newspapers or classified sites seeking witnesses and reported the accident to the police — complying with any on-going investigations.

ICBC requires that you provide them with written notice about the motor vehicle accident no more than 6 months after the hit-and-run accident happened.

The Other Driver is Uninsured, Underinsured or Unknown

It is advised that you provide ICBC with written notice as soon as possible if you can identify the driver that caused your accident – ICBC may negotiate with you to settle the claim, or proceed to trial in lieu of the underinsured or uninsured driver. Compensation may include:

  • Pain and suffering
  • Past and future medical expenses
  • Wage loss
  • Loss in ability to earn future income
  • Loss of housekeeping ability damages

Any claim over $200,000 is complex and requires that the injured party prove that they made attempts to collect compensation from the at-fault driver. You can proceed in arbitration for payment from ICBC under underinsured motorist protection (UMP) if you can prove that the at-fault driver is unable to pay the amount even after going to trial.

Hurt In An Accident? Tim Louis Law Can Help

Tim Louis and his compassionate and talented legal team can give you the solid, trusted advice you need and can deal with ICBC on your behalf. If you or your loved one has been injured in a motor vehicle accident in Metro Vancouver and would like to consult with our legal team who will do everything they possibly can to get you the personal injury settlement you deserve, contact us today for a free consultation at 604-732-7678 or email timlouis@timlouislaw.com.

sources:

http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/447_83_07#part7

http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_96231_01#section20

https://www.icbc.com/autoplan/basic/Pages/default.aspx

Filing a Whiplash Claim After a Car Accident in BC

Automobile collisions can happen without warning – which is why whiplash is such a common injury in BC, often occurring as the result of rear-end motor vehicle accidents but also from work-related injuries, sports injuries, or any other commonplace and traumatic event.

rear end accident

What is Whiplash?

Sudden jerking movement of the neck area and surrounding muscles can cause severe strain on ligaments – causing damage to soft tissues, injuring the spine and even causing damage to nerves that can go unnoticed at first, but create long-lasting pain and physical limitations.

The recovery time for whiplash can be as little as a few short weeks or can be an on-going process for several months and even years for many patients. This painful and often stressful mending process may require continuous medical care and can result in an interruption of normal daily activities and even lost wages.

Common Symptoms of Whiplash

  • headachesNeck pain & muscle stiffness
  • Headaches
  • Pain in shoulders
  • Dizziness
  • Blurry vision
  • Nausea
  • Ear ringing (also known as tinnitus)
  • Uncomfortable pain during sleep
  • Tingling and numbness in the arms

Receiving the Right Medical Treatment

Your medical Doctor can perform a cursory examination by checking your natural range of motion, pain and sensitivity levels and many other symptoms common with whiplash injuries. Unfortunately, soft tissue damage is not always detectable by these basic methods and further diagnostic testing such as MRI or x-rays may be performed to determine further injury; including broken bones or spinal damage.

The level of treatment needed will vary depending on the severity of your whiplash injury. Patients who experience mild whiplash may only require over-the-counter medication, while other patients who have experienced extensive damage may require more specialized treatment, prescription medication and or physical therapy.

How Soon Should I File a Claim?

Not everyone will experience an injury in the same way. Some people may experience immediate pain and stiffness following an automobile collision while others may feel nothing at all aside from a little shock from the event – until the symptoms of their injuries become apparent the following day, the following week – or even several weeks later. It is absolutely crucial for anyone involved in a vehicle collision to visit his or her medical doctor and file a claim as soon as possible.

How Much Is My Claim Worth?

financial expensesICBC may try to minimize the amount of financial compensation paid out for an injury resulting from a vehicle-related collision — knowing that most people are unaware of the worth of their personal injury claim. As such, the statement you make to ICBC can drastically impact the way in which ICBC handles your claim. An experienced personal injury Lawyer will inform you about the specific claims available to you and determine their worth. Claims can include financial compensation for loss of enjoyment of life, pain, and suffering, wage loss or any other out-of-pocket expenses that may have been lost or may be lost in the future.

Additional resource: Steps in an ICBC Claim

Everyone deserves fair compensation for whiplash or any other personal injury resulting from a vehicle collision. You are more likely to be fairly compensated by hiring an experienced personal injury Lawyer who will work with you to find a fair settlement for your claim – despite what an ICBC adjuster may tell you.

Before You File an ICBC Claim

It’s important to note that if your whiplash is the result of a motor vehicle accident, ICBC’s priority is to assess your injury sooner rather than later and settle your case as quickly as possible. Once you settle with ICBC however, you will not be able to obtain additional compensation at a later date if you experience pain in the future.

The severity and effects of whiplash on people are unique to each specific case. Tim Louis and his compassionate and talented legal team can give you the solid, trusted advice you need and can deal with ICBC on your behalf. If you or your loved one has been injured in a motor vehicle accident in Metro Vancouver and would like to consult with our legal team who will do everything they possibly can to get you the personal injury settlement you deserve, contact us today for a free consultation at 604-732-7678.

5 Most Common Car Accidents in Metro Vancouver

Personal injury related to automobile accidents is one of the most common and avoidable causes of injury in British Columbia with over 330,000 crashes occurring every year as of 2016. We’ve compiled a list of the five most common car accidents in Metro Vancouver:

Speeding & Reckless Driving

speeding carUnfortunately, speeding and reckless driving have always been one of the leading causes of traffic accidents. We are all overloaded with our day-to-day lives and sometimes getting from A to B on time can be frustrating. However, knowing that speeding is one of the common causes of car accidents, is it really worth the risk? To prevent driving over the speed limit, ensure you leave earlier to allow for extra time in reaching your destination.

Driving on wet and or icy roads requires patience and slower speeds. Always be cautious driving in slick weather and leave extra space between you and the next vehicle – following too closely can make it difficult to stop suddenly if needed without hitting the vehicle ahead.

Tailgating

All too common in Metro Vancouver, tailgating or following a car too closely is one of the most common causes of vehicle collisions. If by chance you need to make a sudden stop, adequate space between you and another vehicle is necessary. Driving schools always recommend there is at least 3 seconds of time between the driver and vehicle ahead.

Driver Fatigue

Unfortunately, crashes are being caused by driver fatigue that especially peaks in the summer months of July and August. Hot weather and long extended drives are causing accidents by drivers who unexpectedly fall asleep at the wheel after feeling fatigued or mentally drained. Driving while overtired is just as dangerous as any other type of impaired or distracted driving.

Distracted Driving

reckless driving

Talking or texting on mobile devices while driving has become a big problem in the province and worldwide. As our reliance on technology has increased, heavy addiction to our devices and the inability to put the phone down while driving has caused more crashes than ever before. If the driver is not focused on the road ahead and distracted by talking on the phone, responding to a text, email, or any other common distraction like eating, applying makeup or even reading can not only put the driver and their passengers in danger but can seriously injure or even kill another innocent driver.

To prevent distractive driving, turn your phone off before entering your vehicle. Eat or drink before you hit the road and let friends and family know that you do not respond to calls or messages while driving.

Impaired Driving

impaired driving

ICBC statistics reveal that an alarming 23% of fatal collisions were caused by impaired drivers. Fortunately, BC has the strictest drinking and driving laws in Canada – however, drivers are still getting behind the wheel under the influence. Whether it be alcohol, illegal or legal drugs or heavy narcotics, drivers are risking their lives and others every day.

  • Take your turn being the designated driver
  • Plan your evening ahead of time
  • Always have a local taxi number logged in your phone
  • Familiarize yourself with public transit routes and schedule times
  • Don’t hesitate to call a friend

By being aware of the five most common causes of accidents in Metro Vancouver and taking measures to avoid a crash, you can prevent any personal injuries to yourself or others down the road. If you have been in an accident and have a personal injury, contact our trusted team at Tim Louis & Company Law today at 604-732-7678 or email timlouis@timlouislaw.com.

Source: https://www.icbc.com/about-icbc/newsroom/Documents/crashes-casualty.pdf

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