Options to recover damages after a British Columbia car accident
Sometimes, car accident victims in Vancouver fail to reach agreements with the Insurance Corporation of British Columbia (ICBC). When that happens, they have other options to pursue financial relief. Vehicle owners need to know that a tribunal or civil court does not necessarily consider the decisions made by the ICBC.
The following ICBC decisions often lead to crash victims filing civil suits:
- The ICBC offer is not considered fair.
- ICBC blames the injured driver for causing the crash and refuses to pay for damages.
- ICBC claims the injured driver shared fault with the other driver and reduces the damage claim by that percentage.
The victim of a motor vehicle accident who is not satisfied with the ICBC offer is free to file a personal injury lawsuit against the driver deemed at fault, as well as the vehicle owner. Injured accident victims who decide to file a tort claim are advised to seek the support and guidance of legal counsel to learn their legal rights.
Deadline to file a personal injury claim in British Columbia
The deadline to file a personal injury claim is generally two years from the date of injury – though in some instances, the timeframe to bring a suit is much shorter. In some cases, the severity and long-term consequences of crash injuries are not immediately evident. However, the victim will only have a viable claim if the court is satisfied that it was filed within two years after the victim knew – or should have known – about the injury.
An important exception involves a personal injury victim who was not yet 19 years old at the time the accident occurred. The two-year time limit in such cases begins from the date when that person turns 19.
It is also worth noting that claims filed against a municipality in British Columbia for their share in the cause of the injuries have a much shorter time limit.
If you have suffered injury due to someone else’s negligence, it’s worth reaching out to a personal injury lawyer about your case. They can help you understand your options and negotiate fair compensation on your behalf.