Hit and Run Claims
If you are injured as a result of a hit and run accident, there are some important steps you have to take in order to make an ICBC Claim.
In order to be entitled to compensation from ICBC for injuries suffered in a hit and run accident, Section 24 of the Insurance Vehicle Act applies and has strict requirements.
You must notify ICBC of your claim in writing no later than six months after the accident. This is so ICBC is not prejudiced in investigating the claim. It is a good idea to report a hit and run accident to ICBC and to the local Police department right away.
In addition, the Act provides that in an action against ICBC for injuries caused by an unknown driver, a judgment against ICBC must not be given unless the court is satisfied that
(a) all reasonable efforts have been made by the claimant 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. The Regulations to the Act also require that the accident must be reported to the Police within 48 hours and a case file number obtained and provided to ICBC if requested.
What constitutes “all reasonable” efforts will depend on the circumstances of the accident and the injuries sustained in the accident.
At the very least, the following should be done after a hit and run accident:
a) if you or someone else is injured first seek medical attention;
b) if you call for an ambulance, it is likely that the police will also arrive. If not, ensure the accident is reported to the police;
c) note down any details you remember about the vehicle that hit you (i.e. make, model, color). Also note any details you recall about the individual driving the car;
d) take the contact information for any witnesses;
e) report the accident as soon as possible to ICBC;
f) post signs at the accident scene for any witnesses to the accident;
g) put an ad in a local daily newspaper for at least a couple of days on different weekends or weeks looking for witnesses;
h) see if anyone living in the area of the accident saw or heard anything;
There are also monetary limits to recovery for injuries from hit and run accidents. If you are hurt as a result of a hit and run accident, please consult an ICBC Claim settlement lawyer immediately to ensure your rights are protected.