car accident lawyer vancouver bc

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

FREQUENTLY ASKED QUESTIONS ABOUT CAR ACCIDENT LAWYERS

Q1. What is personal injury law?

A. Personal injury law refers to the body of rules and regulations that govern hurt or injured persons. The standards encompass civil litigations, tort laws, municipal liability, sexual harassment, product liability, long-term disability, accident benefits, and medical malpractice.

To be eligible for a claim, one has to have been hurt in a car, motorcycle, or boat, accidents. This besides, medical procedures, slipping and falling are other possible grounds. You may leverage the existing legal system to solicit compensation or other benefits from the guilty party or the insurance company.

Additionally, you may be eligible for compensation from your own insurance company. These could take the forms of long-term disability insurance, workplace insurance, homeowners insurance, or car insurance, among others.

These injuries could take the forms of physical, cognitive, or psychological natures. Physical injuries include soft tissue injuries, fractured bones, chronic pains, quadriplegia, wrongful deaths, or loss of limb. The cognitive injuries, on the other hand, may take the forms of temper problems, rage, moodiness, nightmares, sleep problems, dizziness, impaired concentration, fatigue, memory loss, sadness, suicidal ideation, anxiety, and depression.

Q2. After how long am I supposed to sue or initiate an accident case?

A. As soon as possible! This stems from the fact that each case is unique. Each case indeed presents itself with unique sets of challenges and limited periods. In case you fail to meet the set deadline for your example, there is a substantial likelihood that the courts will summarily dismiss your case. There is also a high probability that the court will also rule that you settle the other party’s legal costs.

Generally speaking, victims of car accidents in Ontario have a 2-year window within which to initiate a lawsuit against the at-fault driver or party. However, several other issues do abound while dealing with car accident cases. For instance, a 30-day window exists within which you are expected to submit your accident benefits applications.

Other than this, the insurance companies also require that they are furnished with the medical records within ten days after the accident. The failure to adhere to this provision will typically result in no compensation at all. Further to this, the insurance companies may also require that they are updated with the latest Disability Certificates (OCF-3) within 30 days. Failure to adhere to this requirement may attract similar penalties like the one previously.

Please note that car accidents differ markedly from the municipal slips and falls. This is because they are not governed by the 10-day written notice requirement as well as the 2-year limitation period.

car accident law firm needed a call after this horrific accident

Q3. How much can I expect to receive as compensation for my injuries?

A. First and foremost, it is necessary to note that each person, case, and injury is different from the other. Because of this, this particular question has no straightforward answer. The law and the insurance companies also determine to a large extent the amount of compensation you might receive.

Unlike the United States of America, caps or maximum amounts payable do exist in Canada. The numbers are set between $310,000 and $330,000. These are the maximum amounts of compensation the courts may award for any injuries.

However, Canada imposes no caps on the loss of competitive advantage at the workplace, past and future costs, future attendant cares, past losses of incomes, future damages, and other variables that are not directly connected to pain and suffering damages. These damages are further added to the pain and suffering awards to boost the total values of your claims.

Q4. Will my case proceed to the trials?

A. A whopping 99% of all the personal injury cases have traditionally been settled outside the courts. However, in some instances, the parties to the dispute are often too far apart. Because of these, such cases have often advanced to the trial stage. The same evidence may also often apply if there are several contentious issues like the credibility of the two parties, damages, and liability.

If and when the cases advance to the trial stage, the outcomes are often unpredictable. This is because there is never a ‘sure thing’ in a court of law.

The Goldfinger Injury Lawyers have participated in several accident trials against insurance companies. These trials have never been a walk in the park. On the contrary, they have always been grueling and demanding. We are however better suited to handle such claims because of possessing a vast wealth of experience in the field. We are still able to do the same job and deliver the same levels of outcomes.

Personal Injury Lawyer Vancouver BC

Tim Louis & Company 
175 E Broadway, Vancouver, BC V5T 1W2
(604) 732-7678
http://timlouislaw.ca/bctimlouislaw/

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