Hit and Run Motor Vehicle Accidents

A hit and run accident is one where the at-fault driver leaves the scene of the accident before his or her identity can be ascertained. If you are the victim of a hit and run accident, you are entitled to compensation for vehicle damage and personal injuries caused by the accident, even though you are not able to provide ICBC with information about the other driver. These claims are governed by section 24 of the Insurance (Vehicle) Act, which imposes specific obligations on the insured victim of the accident in order to maintain his or her claim for damages.

hitandrun

In order to qualify for compensation in a hit and run accident, the accident must have occurred in British Columbia, and on a public roadway. Hit and run accidents that occur on private property or driveways are not typically covered.

You must take all reasonable steps to discover the identity of the at-fault driver. Some ways to accomplish this are obtaining information and contact information from any obvious witnesses to the accident or in the case where there are no obvious witnesses, seeking witnesses to the accident by posting a sign at the scene of the accident, placing an ad in the local newspaper, or knocking on doors of any nearby residences or buildings. You should also immediately notify the police and ICBC of the accident, as there are strict time limits for reporting the accident that govern your right to make a hit and run claim. Specifically, you must notify ICBC in writing of your hit and run accident as soon as practicable, or at the latest, within six months of the accident. By taking these steps, you can prevent ICBC from successfully defending your claim on the basis that you did not comply with the requirements of section 24 of the Insurance (Vehicle) Act.

A victim of a hit and run accident is covered up to a maximum of $200,000 for damages and injuries. In cases where the insured victim’s losses exceed the $200,000 limit, Underinsured Motorist Protection (UMP) may be available to cover additional damages.

Because of the legislative requirements and strict time limits involved, hit and run accident claims can be complex and confusing. Many people have lost their right to compensation because they were unaware of these requirements until it was too late. Your MacIsaac & Company lawyer can help you pursue your hit and run claim, including assisting with the investigation of the identity of the at-fault driver and with providing written notice to ICBC so you don’t lose your right to compensation. The sooner you contact us, the more effective we can be at ensuring you receive the compensation you deserve for your hit and run claim.

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