If you are injured or your property is damaged in a hit and run you potentially face huge bills. Many victims turn to ICBC for compensation only to find their claim blocked. ICBC hit and run claims are not always straightforward.
You may not realize it, but even as a victim of a hit and run you have responsibilities. You must fulfill these responsibilities or else ICBC could potentially deny your claim.
What the law says about ICBC hit and run claims
A hit and run is when an unidentified driver leaves the scene of an accident. It is a crime in Canada to leave the scene of an accident. Anyone convicted of the offence is liable to receive up to five years in prison. The maximum jail term in the event someone is injured is even longer and if someone dies, the maximum sentence is life imprisonment.
if you act quickly, you can avoid a lot of added stress down the road
The law states you are required to stop, give your name, address, and offer assistance to anyone who has been injured.
Your responsibility as a victim
We have heard about your responsibilities as a driver in the event of an accident. But what should you do if a driver hits you or your property and then drives away?
Section 24(5) of the Insurance (Motor Vehicle) Act states:
In an action against the corporation as nominal defendant, a judgment against the corporation must not be given unless the court is satisfied that
(a) all reasonable efforts have been made by the parties to ascertain the identity of the unknown owner and driver or unknown driver, as the case may be, and
(b) the identity of those persons or that person, as the case may be, is not ascertainable
This means ICBC can withhold payment if the claimant did not take “all reasonable efforts” to identify the unknown driver.
Ignorance of these responsibilities is not a valid reason if you do not take steps to identify the driver. In this case, a woman who was struck from behind suffered injuries and sought damages from ICBC.
The insurer rejected the claim on the grounds the victim did not take all reasonable steps available to learn the driver/owner of the vehicle that hit her. The judge said: “I am prepared to infer that the plaintiff was not aware of her obligations under s. 24(5), but there is no evidence about her state of mind or intentions concerning communications with ICBC or the absence of information from them.”
The judge noted the woman might have acted differently if she had known better, however, she did not fulfill her obligations and ruled in ICBC’s favour.
What steps should you take in ICBC hit and run claims?
ICBC says the first step you should take in the event of a hit and run is to try to identify the other vehicle and the person responsible. Understandably, this can be very difficult if the collision injured you or froze you in shock. However, if you act quickly, you can avoid a lot of added stress down the road.
Steps you can take include taking a description of the vehicle and driver and the direction it departed. If you are quick-thinking enough, record the plate number. You should call the police immediately if you notice a driver leaving the scene of an accident.
Witnesses
If you cannot recall these details, you should try to find witnesses. That may involve knocking on doors of homes in the vicinity or asking local businesses if they have CCTV. If that doesn’t work, you should still be careful, a court may not be satisfied this is enough.
In this case, ICBC rejected a hit and run victim’s claim, saying he had not made enough effort to locate witnesses despite the man canvassing the area asking for any witnesses to come forward. The Court ruled in his favour.
You should always try to get a witness’ contact information when talking to them. You might need to call on them later to corroborate your story.
File a police report
It is important to file a police report in the event of a hit and run. ICBC requires a report and it recommends you file one within 24 hours of the incident.
We can help with ICBC claim disputes
Acumen Law Corporation understands the frustration caused by ICBC hit and run claims. We deal with insurance claim disputes and we know all the ways ICBC tries to wriggle out of paying out to hit and run victims. We can help you through the process as well as negotiate with ICBC or challenge the insurer on your behalf. Call us on 604-685-8889.