Power Sport News, Vol. 11. No. 9, 2007

Hit and Run Accidents

By Daryl Brown

Are you a resident of British Columbia and the victim of a hit and run accident? If so, you may be eligible to receive compensation through the Insurance Corporation of British Columbia, ("ICBC"). Coverage is extended to those riding on a motorcycle, ATV, bicycle, in a car or when a pedestrian but regardless of your circumstances, you are required to meet certain statutory obligations before receiving coverage.

According to the Insurance (Vehicle) Act, RS.B.C.1996, c. 231, ICBC may be added as a defendant to a lawsuit where the driver causing bodily injury, death or property damage left the scene without providing their information. First, you will need to take all reasonable steps to ascertain who the unidentified driver was. This may include posting signs along the road where the accident occurred or publishing a notice in the local newspaper to search for any eyewitnesses. Second, you must notify the police within 24 to 48 hours to receive a file number and advise of the accident, injury and damage. Finally, you need to contact ICBC to provide a written statement as soon as reasonably practicable, or in any event, within six months of the accident. In some instances, you may be required to complete a sworn affidavit in the prescribed 'CL-45' format. In every instance, you will have a duty to cooperate with ICBC while their investigation continues.

Once your claim is accepted, you may be entitled to 'Accident Benefits' by way of initial medical treatment, medical rehabilitation expenses, weekly disability or wage loss benefits, death benefits, funeral expenses in addition to compensation for your injuries and property damage. The limitations on property damage will include a $750 deductible unless you purchased collision coverage with a lower deductible. The limit for Accident Benefits is $150,000 and in many cases your injury claim may be limited to $200,000.

It is worth knowing that ICBC has some of the best coverage available for legitimate victims receiving injury or sustaining damage in hit and run accidents. These claims can be difficult to prove however, and the courts have denied claimants who have not met their obligations. If you are involved or witness a hit and run accident, try to collect the licence plate number, make, model and driver description of the offending vehicle. Contact the police and ICBC to forward this information and provide your version of the accident. As a witness, this courtesy may greatly assist those who have been injured and would not otherwise receive their entitlement.

Note: This site is for information purposes only and is not meant to be construed as legal advice or motorcycle riding instruction. Circumstances concerning proper riding technique are subject to change with conditions and experience. Contact your local riding school for more information. For legal consultation, contact Motorcycle Lawyer, Daryl Brown @ 400-713 Columbia St., New Westminster, BC, 604-526-1821 or 604-612-6848. Content provided by Motorcycle Lawyer.ca is not to be reproduced without authorization. Motorcycle Lawyer.ca is a pending trade mark and any unauthorized use of the name or likeness is prohibited.

Hit and Run Accidents By Daryl Brown

Hit and Run Accidents

By Daryl Brown