vancouver accident attorney

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

FREQUENTLY ASKED QUESTIONS ABOUT CAR ACCIDENT LAWYERS Part Two

Q5. How long on average should I expect my case to be settled in case it does not advance to the trials?

A. Each case is different and unique in its way. Those that are too serious may take very long to settle. Examples of these are brain injuries, losses of limbs, and catastrophic injury cases. This stems from their complex nature and the accompanying medical issues.

Some may take months to settle. These are cases that are moderate in severity, less catastrophic and not so serious in liability. The precise length of time decided to solve each case, however, depends on each nature of the case, the extent of the recovery, the severity of the injuries, and the kind of attitude the insurance company or adjuster perceives your situation or you.

These notwithstanding, court cases are generally long and protracted. This is because insurance companies never like making payments or settling claims. They are also meticulous and usually insist that all the documents about the applications are submitted and scrutinized before any claims may be awarded. In all, cases take months and years to settle.

personal injury law books

Q6. Should I visit a doctor after undergoing an accident?

A. By all means, you should. The primary reason is not for the sake of the impending court case but your health and personal well-being. It is common knowledge that only hurt rather than healthy people do need medical attention. Insurance companies and the courts usually are too quick to point this out while ascertaining the claims and compensation requests.

In case you lack a family doctor, you are advised to visit the nearest clinic. If a clinic does not exist within a reasonable walking distance from your area of residence, you are encouraged to attend the emergency department of your nearest hospital.

In your visit to the hospital, the doctor will typically jot down the facts of the holiday and nature of injury in a note. He will then almost always prescribe some medication or refer you to a specialist for advanced medicines. These notes are intended to offer more information concerning your health status.

For instance, they may indicate that you are in sound health. Alternatively, they may state that you are gravely injured as the result of an accident. Our legal team will usually compile these medical records from your doctor and use them as the basis for building your case.

It is not enough to state that you have been injured or hurt. This is because courts in Ontario will usually demand tangible proof to these effects. As such, your pains, damages, sufferings, and symptoms have to be proved before a court of law.

Perhaps the best and most reliable way of doing so is by furnishing the various health records. It, therefore, follows that if you do not see a doctor after an accident, you will miss out on your treatment and appropriate medical attention. You will also less likely build a strong case to your defense.

This way, the courts and the insurance company will often find you liable for failing to mitigate your damages. This arrangement is not healthy for your case or you. We would like to do everything in your capacity to recover and lead a healthy life as you had done before the accident. Whereas this might not always be the possibility in all cases, it can, in fact, be the case for individual persons.

hammer and book inside a car accident law firms

Q7. What are the differences between the accident benefit adjuster and the tort adjuster?

A. Both of these professionals work for car insurance companies but in different departments. Examples of these include the CAA Insurance, Wawanesa, Liberty Mutual, Belair Direct, TD Meloche Monnex, Intact, The Personal, Co-Operators, Aviva, Economical Insurance, and State Farm.

The accident benefit adjuster works in the pain, suffering, or bodily injury department. The tort adjuster on the other hand accident benefits department. They may as well work for entirely different companies altogether.

In most instances, the accident benefit adjuster will often be the insurance adjuster of your car or that of your spouse. They are ordinarily responsible for administering your no-fault accident benefits that arise from your car accident. These benefits encompass income replacement benefits ($400 per week), housekeeping benefits ($100 per week), attendant care benefits ($1,500 per week), and income replacement benefits ($400 per week), among others.

A tort adjuster, on the other hand, works for the insurance company that covers the driver or the other party that was responsible for hitting you. Their roles do not entail processing accident benefits as they merely handle the tort component of your claim.

These include, but are indeed not limited to past or future losses of income, damages for pain and suffering, the loss of competitive advantage, and Family Law Act claims. They also do not handle other costs that are not incorporated as part of the accident benefits.

If both the tort and accident benefit adjusters work for the same company, a barrier is erected between the two of them to discourage and flow or exchange of communications and ideas between the two parties.

The failure to adhere to this principle may often land the insurance company in trouble with the authorities. The company may usually be held accountable for bad faith damages. The same applies if there is sufficient evidence to prove that there was collusion collaboration, communication between the two parties without your consent.

Our lawyers can furnish you with the necessary information as pertains the kinds of behaviors that constitute bad faith. They will also detect and prove that there was indeed cooperation between the insurers, adjusters in the same company, or negligence while handling your case.

Vancouver Personal Injury Attorney

Tim Louis & Company Law
175 E Broadway, Vancouver, BC V5T 1W2
(604) 732-7678

Is It Worth Getting A Personal Injury Lawyer

Have you ever been involved in an accident? It is such a hectic life-altering event. It is the moment you wish for the best, but you expect the worst. The personal injury comes in when you have been a victim of such an occurrence. How do you handle the situation? Where do you start? Who do you first consult when the position is more than you can control? Accidents might affect you a lot mentally. Your health insurance might start complications, and you are very weak t begin negotiations with them. This is precisely where the personal injury attorney comes in.

Hiring a personal injury lawyer comes along with significant advantages. You get to have great peace of mind as you have someone with the right knowledge of the law of the land. They will handle e all the required procedures that apply to all the injury claims that you get to have. With an attorney on your side, you will never go wrong.

car accident law includes trucks as well such as this photo

What Benefits does the Lawyer Bring on Board?

Creating Value On Your Suffering

They know how much your claim is worth. Most of the people do not have an understanding of how much amount of money they can get from their application. Every request that gets you either through an accident can as well benefit you. When you are doing it on your own, you are likely to leave it to go and concentrate on your recovery. This will, however, happen once you have the persona that will stand by your side. Some claims are worth a fortune. An attorney can put a value on your pain and suffering.

Most of the attorneys will take their cases on the contingency basis. This is the best case as there are no upfront costs. You do not have any reason to fail to hire a personal injury lawyer. Through this, they will be able to address your case accordingly.

They Are Experts In The Field

The reason he is an attorney is that he understood the entire legal process. They have as well been trained and certified before being allowed to represent people in legal matters. At times you get to develop a gap in your legal knowledge. Through this insurance companies help you in the legal action. They will help you get your compensation and even take your case to court in the case the insurance doesn’t work in the right way.

It would be a very hurting situation when you know that you missed a settlement of thousands of dollars just because you did not follow a few legal procedures.

injury attorneys library

Presents Confidence in the Insurance

Very few people are prepared to go to trial when you don’t have a well-renowned attorney. The insurance knows that you are prepared to go to trial. The case can even rule against your favor after you invested a lot of money in the case. Hiring an accident attorney makes things easier. They will help you through the case settlement. The lawyers are well trained to handle the situation, primarily through trial. Through statics, most of the cases have been battling against the different insurance companies. In such a case insurance will ensure that they get a motivating settle that will stop the case from proceeding to trial.

Vancouver Personal Injury Lawyer

Tim Louis & Company 
175 E Broadway, Vancouver, BC V5T 1W2
(604) 732-7678

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