Hit and runs: know your rights

A short time ago, I wrote a column giving you some tips about what to do after being in a car crash. Those tips included 1) taking photographs of the crash; 2) getting witness names and contact information; and 3) getting the contact information of the other drivers involved in the crash.

BUT, what happens if you can’t get the contact information of the driver who caused the crash? What happens if you suffered injuries and the at-fault driver “just drove away”? In other words, what if you are involved in a “HIT AND RUN”?

Well, this is the subject of this week’s column.

Here is the law: if you suffer some injuries at the hands of an unidentified motorist, then you may be entitled to some money. “Money” can include an award for “pain and suffering”, for medical treatment, and/or for loss of income. See section 24 of the Insurance (Vehicle) Act, R.S.B.C. 1996, c 231.

So, how does this work? Well, you obviously can’t directly sue the driver who caused the crash (because they fled the scene, right?). But, you can sue ICBC (so you are not totally out of luck).

But, in order to actually get some money from ICBC, you have to jump over several hurdles.

Among those hurdles, you have to show that you don’t know (and can’t get) the identity of the driver/owner of the other vehicle. This is typically the hardest hurdle to jump over…

So, what does this mean? Well, at a crash scene, you need to do your best to learn the identity of the other driver.

But, let’s assume that the other driver flees the scene right away or you were too injured to get the information. Well, if that occurs, you STILL need to take some serious efforts to learn the identity of the negligent driver. These “efforts” include things like promptly reporting the crash to police and ICBC, canvassing the neighbourhood where the crash occurred, and posting notices/signs at the crash site (pleading for witnesses to come forward). It is common for people to make “insufficient” efforts and have their claims denied.

Another big hurdle is that you need to report the crash to ICBC as soon as you can (and no later than 6 months, at the latest). This allows ICBC to protect itself and “investigate” into the crash, trying to find the identity of the driver.

Another big hurdle is that your credibility needs to be very, VERY good. This sounds easier than it is…

Credibility is a big factor in “hit and run” cases. Often, the only evidence of a “hit and run” is your own words. So, as you can imagine, it is problematic if there are discrepancies in your evidence (i.e. in your statements). For example, if your statement to police is different from your statement to ICBC, then you can have credibility problems. So, be very careful with your words and be very honest.

Now, how much are you entitled to? Well, assuming you can jump over all the hurdles (and there are several), you could receive as much as $200,000.00 for your losses. This may sound like a HUGE amount; but, it may not be (depending on your injuries)…

Lastly, if you are injured in a “hit and run”, I recommend getting some legal advice. There are many hurdles to jump over. And, if you miss one, you could be very sorry later.

And now you know.

**The information contained in this column should not be treated by readers as legal advice and should not be relied on without detailed legal counsel being sought.

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About the Author

Jeff Zilkowsky is a lawyer practicing at MacLean Law in the Lower Mainland and in Kelowna, and focuses his practice on family law and litigation.  

In his column, Jeff provides information about current legal events or points of interest or concern relating to the law. 

The information contained in Jeff’s column should not be used or relied upon as legal advice.

Comments are always appreciated and encouraged, so don’t hesitate to email Jeff at [email protected]

Visit Jeff’s website at www.jeffzilkowsky.com or visit the website of MacLean Law.

The views expressed are strictly those of the author and not necessarily those of Castanet. Castanet does not warrant the contents.

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