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ICBC Hit And Run

26th September 2011
By Glenn Veale in Legal
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A hit and run accident occurs when you are struck by another motorist, who then flees the scene before you are able to ascertain their identity. When this occurs, many people are of the belief that they cannot make a claim for personal injuries. Such is not the case, however.

In British Columbia, the law provides that a British Columbia resident injured in a hit and run accident can make a claim for compensation up to $200,000, even if you do not own or insure a vehicle. If you do actually own and insure a vehicle, then your Underinsured Motorist Protection ("UMP") may apply to cover you for up to $1,000,000, in the event that your injuries are very serious.

In an ICBC hit and run accident, however, you must meet certain time deadlines, and make reasonable efforts to ascertain the identity of the other driver or drivers, or you could you lose your right to claim for compensation. Such efforts include trying to ascertain the license plate, trying to locate witnesses immediately after the accident, posting signs at the scene asking for witnesses, and posting an ad in the newspaper.

It is also important that your injuries are documented as soon as possible.

It is important to note that the ICBC hit and run accident must occur on a "highway" in B.C. The legislative definition of "highway" is quite broad:
all public streets, roads, trails, lanes, bridges, trestles, tunnels, ferry landings and approaches, and any other public way;
every road, street, lane, or right of way designed or intended for, or used by, the general public for the passage of vehicles;
every private place or passageway to which the public, for the purpose of the parking or servicing of vehicles, has access or is invited

If you are a B.C. resident, and are the victim of a hit and run accident outside of B.C., the amount you are covered for in your ICBC hit and run claim can vary, depending on the jurisdiction where you were injured.

If you reside outside of B.C., and are the victim of an ICBC hit and run accident in B.C., then your compensation is limited to what a B.C. resident could recover under the same circumstances from a similar fund in the jurisdiction in which you reside.

If you have been injured in a hit and run accident, you should first of all seek immediate medical attention. You should then immediately consult an ICBC injury lawyer for a free consultation as to what your legal rights and obligations are.

Glenn Veale is an ICBC lawyer in Vancouver, British Columbia, Canada.He has restricted his practice to the representation of Plaintiffs injured as a result of the negligence of others.

For more information Please visit: ICBC Injury lawyer and Personal injury lawyer Vancouver
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