Hit and run: Protecting your interests

Cindy Li was involved in a hit and run crash.

She heard the siren of an approaching fire engine and slowed in preparation to yield to it. While her vehicle was still moving, it was struck from behind by another car.

She stopped her car and spoke to the young male driver who vehicle hit hers. She asked him to pull over and exchange information. As she returned to her car, the male drove around her and disappeared from sight.

Li went to the fire hall and spoke with a captain there. The captain told her one of the firefighters on the truck witnessed the collision. She obtained the captain's name and telephone number and reported the collision to ICBC.

The collision was not reported to the police, nor was there any information obtained from other motorists present at the collision.

After participating in the claims process, ICBC told Li she had not fulfilled her obligations to identify the offending driver and denied the claim as a hit and run. Li would have to proceed, as a normal collision claim and as she did not have collision coverage, so she would have to pay for the damages herself.

She sued ICBC in B.C. Supreme Court saying she did what she could and ICBC should have advised her she needed to do more. The court did not agree and dismissed the suit.

The Insurance (Vehicle) Act requires the victim of a hit and run to make all reasonable efforts to discover who the driver and owner of the suspect vehicle is. If not, the claimant must satisfy the court the identity of that person cannot be found.

Suggestions for a follow up inquiry

If you were unable to find information at the scene initially, you might consider canvassing nearby homes or businesses, placing an ad in the newspaper or posting a sign requesting help.

It is also wise to report the incident to police and ICBC immediately.

This article is written by or on behalf of an outsourced columnist and does not necessarily reflect the views of Castanet.