If you are injured in an auto or motor vehicle accident, due to the fault of someone else, the law in British Columbia says that you are to be put back in the position you were in had the accident not happened. How is this possible, is there a time machine? Of course not. In our second posting on the topic of what makes up an ICBC injury claim, we will deal with the "tort claim." This is what many people think of when they are injured in a collision, and this is where you can receive compensation that will best put you back to the way you were before.
The "tort claim" is that part of your ICBC claim where you can recover compensation. This claim usually involves a claim made directly against the driver of the vehicle that caused the accident, against the owner of the vehicle that caused the accident, and any other person that may have contributed to your injuries.
What is a "tort"? Simply, it is a legal word that means "a wrongful act that causes injury". There are a number of different types of torts. In the case of motor vehicle accidents, the tort of negligence is the most common.
There is obviously no magic wand to make the pain go away, and no realistic way for you to be compensated other than through money that will help make up for what you may go through. You may be unable to work because of your injuries, and you may lose wages. You may be entitled to compensation to replace these lost wages. You may have gone through pain and suffering, and you may be entitled to compensation to account for the difficulties that this posed for you in the past and in the future. You may have ongoing, permanent injuries that will require you to pay for treatment in the future, and you may be entitled to compensation to cover the costs of this treatment. If your injuries are permanent, and do not allow you to do some of the things you used to be able to do before the accident, such as yard maintenance or house cleaning, you may be entitled to compensation to cover the cost of someone else to do this work for you. You may be able to work, but maybe not to the same level as before, or maybe not in the same position as before the accident. You may be entitled to compensation for future lost wages or loss of future earnings. Each claim is different, and each of these aspects must be investigated to see if they apply to your case. An experienced auto injury lawyer can assist you in this regard.
There are time limits that can affect your rights to seek compensation under the tort claim. Some are very short, in the case of an accident caused by a driver or owner of a municipal or city vehicle. An experienced auto injury lawyer can assist you with complying with these deadlines, but only if you contact them immediately after the accident. If you wait too long, and miss a deadline or "limitation," you may be barred from seeking compensation for your injuries.
At the scene of the accident, it is very important that you gather all of the information about the other driver, the owner of the vehicle, and the insurance on that vehicle.
Drivers that are involved, directly or indirectly, in a collision with another vehicle are required by law to produce, in writing, to any other driver or person injured in the collision, and also to a witness if they ask:
(i) their name and address;
(ii) the name and address of the registered owner of the vehicle;
(iii) the licence number of the vehicle;
(iv) particulars of the insurance of the vehicle.
If possible, also get the Driver's Licence Number of the driver. Ask to see the insurance papers, ask to see their driver's licence and confirm that the information that was provided to you is legible and accurate. Most people are honest when providing this information, but it is your duty to make sure that you have identified the driver correctly.
If you are involved in a collision where the other driver flees the scene, or a "hit & run," it is extremely important that you make "all reasonable efforts to ascertain the identity of the unknown owner and driver. Try to get the licence plate if you can. Try to get a description of the vehicle. Try to get a description of the driver. If you are unable to get the plate number, immediately ask people or witnesses that may have seen the collision if they got the plate number or know the vehicle make and model, or if they saw who was driving the vehicle. Get the witness' name, address and number if you can. It does not help if you spoke to a witness and did not get their name. It may be impossible to find them later. Call the police immediately from a safe place to report the hit and run. What constitutes "all reasonable efforts to ascertain the identity of the driver and owner" is a matter only a Judge can decide, but it cannot hurt to put up posters at the intersection asking for witnesses, or to run an advertisement in the classified section of the newspaper. Also, there may be paint, plastic, or other markings that were transferred or made on your vehicle that could show that there was contact with another vehicle. Think CSI, and do not destroy this evidence by cleaning or rubbing the marks. Take pictures of these things so that you can prove it later.
There are a lot of things that need to be done immediately after your accident, and if you are injured, these things can be very difficult. At Becker Lavin & Wessler, we understand what you are going through, and have the experience to help you through it. Contact Becker Lavin & Wessler to set up a free initial consultation before you speak to ICBC. If you choose to retain us to represent you, we will take care of investigating these matters, and let you concentrate on getting the treatment you need to get better and get with your life.
Labels: compensation, ICBC, tort
