ICBC

Disability Claims for Self-Employed Professionals

Disability Claims for Self-Employed Professionals

disability claim for self-employed
If you are self-employed and have purchased a disability insurance policy, you have assumed that this policy serves as income replacement if you are unable to run your business for a period of time due to injury or illness.

Private disability insurance is commonly more expensive than group insurance, and generally, the type of coverage it provides is usually more valuable as it often provides benefits in the event you are unable to work in your regular occupation. Unfortunately, just because you have purchased an insurance policy, this does not necessarily mean that the insurer will not make it challenging for you to receive benefits after you have submitted a claim. Insurers often heavily scrutinize claims submitted by independent, self-employed individuals – this is because of the sometimes-large benefit amounts provided by some of these policies.

Know the Terms & Conditions of Your Insurance Policy

To protect your rights, it is integral that you understand the limitations and restrictions outlined in your disability insurance policy. The definitions of certain disabilities can change over time, so it is important to keep up to date and understand these changes that may apply to you.

Know Your Rights about Disability Claims

Once you have purchased your insurance policy, be sure you are aware that although you have coverage, this does not mean you should “rest easy.” In reality, what you are really buying are rights that you can enforce against your insurer if they fail to provide the protection that was sold to you.

Know the Strict Time Limitations

 Many people do not realize that there are strict limitations with regards to filing a lawsuit against insurers, and oftentimes they are missed. If you do miss a limitation period, the insurance company is not required to pay your claim, and therefore your right to sue them is null in void.

Here some common red flags you should be aware of:

  • The claim is taking an unusually long time to resolve
  • Irrelevant information is asked of you
  • A claim has been denied

Hire An Experienced Disability Lawyer

In many cases, filing a lawsuit is not necessary. The first step involves a demand letter, outlining any discrepancies, pointing out the facts, and the law – with the demand that an insurer complies with the terms and conditions of the insurance policy. Insurance companies are often fully aware when they are not in full compliance, and take advantage of policyholders because most people do not know the law in-depth, and are privy to any red flags before signing off on their policy.

Contact Tim Louis & Company

Insurance companies may deny legitimate disability claims, as the majority of individuals will give up instead of fighting for the monetary compensation they deserve. If you are self-employed and an insurance company has denied your long-term disability claim, the team at Tim Louis and Company is on your side and will fight in your corner.

For a free, no-obligation appointment, contact us today by calling 604-732-7678 or email timlouis@timlouislaw.com

Anxiety and Long Term Disability Claims

Anxiety and Long Term Disability Claims

Anxiety has become a far more common challenge for many in recent years. While the severity of symptoms may vary, many of us have experienced a certain level of anxiety at some point in our lives. For some people, anxiety and panic levels can interfere with daily activities — requiring professional help to cope and help manage the symptoms.

anxiety 1156279 640

Below are the 5 most common types of anxiety disorders:

Panic Disorder

People who suffer from panic disorder experience sudden and ongoing intense feelings of terror and emotional control loss. Many symptoms are unique to each individual and can include a racing heartbeat, shortness of breath, dizziness, nausea, chest pain, and numbness, to name a few. According to the National Institute of Mental Health, women are twice as likely to suffer from the condition.

Obsessive-Compulsive Disorder (OCD)

A mental health disorder that affects individuals of all ages, OCD occurs when a person gets caught up in a pattern of sudden compulsions and obsessions. These obsessions (thoughts/images/behaviours are not welcomed by the person and can severely disrupt important daily activities.

Generalized Anxiety Disorder (GAD)

GAD can be characterized by persistent, uncontrollable, ongoing worry about a wide variety of things and events. People who suffer from this disorder excessively worry and anticipate disaster — even if there is no reason to warrant this type of worry. Symptoms can include irritability, having a constant sense of danger, difficulty concentrating, disrupted sleep, fatigue, and increased rapid heartbeat, to name a few.

Post-Traumatic Stress Disorder (PTSD)

PTSD can develop after being exposed to a traumatic event such as a motor vehicle accident, natural disaster, war, assault, a threat with death, or witnesses who have experienced these traumatic events. People with PTSD feel a heightened sense of danger, causing them to feel fearful even when, in reality, they are safe. This is due to the natural fight-or-flight response, which is altered with those who suffer from the disorder.

Social Anxiety Disorder (SAD)

Social Anxiety Disorder, also known as social phobia, is a type of anxiety disorder that causes extreme distress in social settings. Social anxiety is different from shyness, as it is more extreme, persistent, and debilitating. Symptoms can include nausea, rapid heartbeat, trembling, excessive sweating, worrying for days before a social event, excessive worry about embarrassment, missing school, or work because of anxiety. These are just a few symptoms that can take over someone’s life in a negative way.

Why Long-Term Disability Claims are Denied

Long-term disability claims may be denied because of the lack of regular medical care or treatment. Ensuring that you attend all medical appointments and any necessary prescribed medication from a professional specializing in mental health is essential if you want to reduce your chances of having a long-term disability claim denied.

Documentation is Important

Having all of the correct documentation in order and submitted on time is a must for any long-term disability claim submission. Hiring an experienced lawyer specializing in long-term disability claims can ensure that you have all of the correct documents submitted within the specified time frame and any other necessary details that must be sent with your long-term disability application.

Contact Tim Louis & Company Today

An anxiety disorder can have a lasting impact on one’s quality of life. If you or a loved one is experiencing anxiety and has been unable to work because of the condition, contact Tim Louis and his compassionate and experienced legal team today by calling 604-732-7678 or email timlouis@timlouislaw.com. We will make sure to evaluate your situation and advise the best options.

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

Winter Tires: What You Need to Know

Winter Tires

Winter Tires: What You Need to Know

Driving in the lower mainland during winter months can be stressful for those who do not have experience driving in snowy and icy conditions. With a generally temperate climate, it is rare for drivers in the greater Vancouver area to experience heavy snowfall all winter long like in the prairies or eastern Canada. That being said, the importance of having proper tires on your vehicle to match winter conditions may help drivers feel safer on roads and help drivers have a safer driving experience during winter months.

Police Can Pull You Over If They Suspect You Do Not Have Winter Tires

winter weather drivingAccording to BC law, drivers must have winter tires with a 3-peak mountain and snowflake symbol or M+S (Mud and Snow) symbol located on the tire sidewall. Failing to have proper tires between Oct 1st – March 31st can result in a $109 fine and can alter how much you’re considered at fault if you’re in an accident according to I.C.B.C.

Did You Know:
At 0°c, snow and ice become slippery
Between +4°c to –4°c, black ice forms

Identifying Winter Tires

There are a couple of options available to you depending on your needs:

Mud & Snow (M+S) Tires

The all-season Mud and Snow (M+S) winter tires are a safe option if you seldom drive in winter conditions. ICBC recognizes Mud and Snow winter tires as legal requirements between Oct 1-March 31st as long as they have a minimum 3.5 mm tread depth. It’s important to note, however, that these tires are safe for most conditions, but are not
designed to grip ice or suitable for sub-zero weather conditions.

How to Identify Mud & Snow (M+S) Tires:

  • M+S located on the sidewall of the tire
  • Perform best in milder or slightly wet conditions

Mountain/Snowflake Tires

Considered to be the safest winter tire available, this is your best option if you are living in an area where you expect more severe snow, ice and slush on a regular basis.

Mountain/Snowflake tires offer the best traction and performance during winter months.

How to identify Mountain/Snowflake Tires:

  • The three peak Mountain/Snowflake symbol located on the sidewall of the tire

tire tracks

Tire Performance & Safety

  • Install all four winter tires at the same time to help maintain control and stability of your vehicle.
  • Do not mix tires with different construction, tread patterns and or sizes.
  • Tires with worn tread have reduced traction and less effective in snow and severe road conditions. Ensure your vehicle’s winter tires are not worn down to the tread wear indicators.
  • Keeping tires inflated with the proper tire pressure not only prolongs the life of your tires but also increases safety. Check your vehicle’s tire pressure at least once a month, as tire pressure decreases as temperature levels drop.

Storing Your Winter Tires

  • Ensure your winter tires last as long as possible by storing them in a cool, dark and dry place.

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:

https://www.icbc.com/brochures/Pages/winter-tires.aspx

https://www.cbc.ca/news/canada/north/winter-tire-regs-in-effect-bc-1.5303484

Social Media and Your ICBC Claim

social media

Social Media and Your ICBC Claim

These days, who doesn’t have a social media account? While social media was once a place where college students kept each other updated on their day-to-day lives, now even grandparents are on Facebook. Many have become addicted to posting every aspect of their lives without thinking about who might view their social media activity.

Potential Damage to Your Personal Injury ICBC Claim

investigatingAs of 2010, ICBC set up their Special Investigations and Cyber Unit to help reduce potentially exaggerated or fraudulent claims.

If you have been injured in a vehicle accident, it’s safe to say that ICBC’s adjusters and investigators will be digging deeper into your background and accessing your Facebook, Twitter, Instagram and/or YouTube accounts. Any inconsistencies can hurt your credibility and claim. For instance, ICBC adjusters and investigators will examine what you are saying on social media to people treating you versus what you are saying to ICBC adjusters on record. Any inconsistencies between what you are saying to family and friends on social media versus what you are telling on ICBC will be examined.

This skilled team conducts deep searches on social media sites seeking photos and updates on individuals who claim that they have been unable to work due to their injuries, and then contradict their claim by posting photos or updates of themselves being physically active.

Best Ways to Protect Your Claim Via Social Media

The first step is to be aware – the next step is to take the provisions necessary to ensure you don’t damage your ICBC claim. We have compiled a list of tips to help ensure that you don’t potentially damage your ICBC claim. It’s always a good idea to contact your personal injury lawyer who will provide you with tips:

  • googleSearch your name in Google for anything you feel ICBC may use against your claim.
  • Applying strict privacy settings to your social media account will not necessarily keep your account private and inaccessible to outsiders. It is a fact that ICBC can gain access to private social media accounts by court order.
  • Be aware when posting on any social media platform. Understandably, you want to share positive moments in your daily life with family and friends – however take great care in realizing that once ICBC has gained access to your private accounts, anything they deem to be inconsistent with your claim may be used against you in court.
  • Some people do not realize that Facebook owns Instagram. Ensure that you go through both accounts and delete any content that may be deemed harmful to your ICBC case (contact your lawyer before deleting photos or content).
  • Do not accept friend requests from people you do not know.
  • Do not post any personal thoughts, conversations, information or any photos in relation to your case.
  • Keep your family and friends in the loop and ask them not to post or tag you in any photos.
  • You should obtain legal advice before deactivating or deleting your Facebook account as ICBC may accuse you of destroying relevant evidence.

Let An Experienced Personal Injury Lawyer Handle your ICBC Claim

If you have any questions or concerns about the use of social media in a personal injury claim, we have the expertise and knowledge necessary so you don’t have to worry about saying or doing anything that may jeopardize your claim. Contact our compassionate and experienced legal team at Tim Louis Law & Associates.

To book your free consultation, call 604-732-7678 or email timlouis@timlouislaw.com. We’re here to help.

Sources:
https://www.icbc.com/about-icbc/Pages/fraud.aspx
https://www.straight.com/article-256851/tim-louis-beware-icbc-trolling-through-yourfacebook-photos

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

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

What Does Cannabis Legalization Mean for Drivers?

Cannabis Legalization

Now that recreational cannabis has been legalized federally, there are new laws under the Criminal Code in place related to drug-impaired driving. It’s important to note that the BC government has put strict provincial sanctions in place to address drug-impaired driving to keep these drivers off the road.

Cannabis Legalization

Cannabis Legalization – New Laws & Legal Limits

There are now three new Criminal Code offences that establish the legal blood drug concentration limits (BDC) for THC. This means if you have two (2) nanograms or more of THC in your system while operating a motor vehicle, you are committing an offence.

Additionally, the more THC you have in your system, and the more times you are caught breaking the law, the punishment escalates (especially if mixed with alcohol).

Cannabis Legalization - Cannabis and Motor VehiclesCannabis and Motor Vehicles

  • Cannabis being transported in a vehicle must be kept in a sealed package or in a location inaccessible to motor vehicle occupants
  • No cannabis use in any form is allowed while occupying a vehicle
  • For those drivers in a graduated licensing program, (L or N) there is a zero tolerance restriction for the presence of cannabis while operating a motor vehicle. Violating this restriction will result in a suspension of driving privileges.
  • Social hosts may be legally liable for guests who use cannabis in their home and subsequently injure others or themselves (such as a motor vehicle accident.)
  • If an officer suspects drug impairment, the driver may be subject to a drug recognition evaluation by a specialized Drug Recognition Expert (DRE).

The dangers of driving impaired do not change because “it’s just cannabis.” Driving and Cannabis Legalization

The possibility of serious personal injury or even fatalities caused by driving impaired are well documented in British Columbia – and despite the believed “lesser” impairment from cannabis use, the potential dangers are the same.

According to Stats Canada:

  • 1.4 million of Canadians reported having been a passenger in a motor vehicle driven by someone who consumed cannabis within the previous two hours.
  • 1-in-7 cannabis users reported having driven within 2 hours of using cannabis

If you plan to consume cannabis, be sure that you have taken responsible steps to prevent possible accidents or injury:

  • taxiKnow how cannabis affects you and know your limits
  • If consuming cannabis makes you too tired or distracted, don’t use it.
  • Don’t drive or operate a vehicle when impaired.
  • Plan ahead and ask a friend to be your designated driver if you need it.
  • Always have a local taxi number logged in your phone.
  • Familiarize yourself with public transit routes and schedule times.

Let Our Experience Work for You

If you have found yourself the victim of an impaired driving accident, whether you or a family member has been seriously injured or suffered a tragic death, you have the right to pursue legal action against the responsible party and receive monetary compensation. Contact our trusted team at Tim Louis & Company Law today to learn more about the options available to you at 604-732-7678 or email timlouis@timlouislaw.com.

source:
https://www.icbc.com/driver-licensing/tickets/Pages/drug-impaired-driving-new-laws.aspx
https://laws-lois.justice.gc.ca/eng/acts/C-24.5/
https://www150.statcan.gc.ca/n1/daily-quotidien/180809/dq180809a-eng.htm

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

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