Hit and run cases are more complex than ordinary car accident claims. In such cases, ICBC may take the position that the injured party fabricated the accident. The law in British Columbia is designed to reduce the amount of fraudulent hit and run cases by requiring that injured parties take “reasonable steps” to identify the other driver.
What constitutes reasonable steps varies from case to case, and more often than not, delaying the taking of these steps can result in the injury claim being dismissed. Examples of steps someone involved in a hit and run case has to take may include: remaining at the scene and calling the police, forthwith calling ICBC to report the accident, placing signage at the accident location, advertising the accident in the newspaper to locate witnesses who may be able to identify the driver, etc.
At our firm, we not only inform our clients what steps they have to take, but if necessary we help them with placing signage at the accident location and advertisements for the purposes of satisfying their legal requirements.
Notably, our clients often complain that ICBC did not inform them of their obligation to take reasonable steps to identify the hit and run driver, or what steps to take. It is important to get legal advice in such cases so that these steps can be satisfied and the claim can proceed.
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“Car accidents are a scary thing, but the legal aftermath doesn’t have to be. Having a knowledgable lawyer on your side makes all the difference in the world. Harp Nirwan Corp was incredibly helpful & friendly and I will definitely be recommending them to any friends and family when needed”
“I have dealt with many lawyers in the past in my real estate business life but very hard to find a lawyer like Harp. He is very understanding and treats people with respect and care. Most of all he does not put money before people unlike most lawyers do. I highly recommend Nirwan Law Corporation if you need a lawyer”
“I want to thank the Nirwan Law Corporation for helping my family & I in our most vulnerable time of our lives. Harp was an absolute pleasure to work with & would recommend him & his expertise to anyone needing legal guidance”
Crystal R. Parker
Recent Case Studies
$500,000 for a 43 year old nurse who was rear ended while turning into a driveway. The collision resulted in a torn shoulder muscle that was aggravated during surgery. ICBC refused to pay for the aggravated injury because it was caused by surgery not the accident. We successfully argued to the contrary and achieved a fantastic award for our client.
$650,000 for a cyclist who was struck by a vehicle while in the bike lane. Our client was thrown off his bike and suffered multiple injuries. He was a competitive triathlete and could not compete in events for over two years. Luckily his injuries were not permanent, but we obtained a significant settlement for him anyways.
$350,000 for a 47 year old construction worker who was rear ended on the way to work. Unfortunately, he was unable to return to work for several weeks and was on light duties when he did return. We were able to satisfy ICBC that his injuries were chronic and likely to affect his ability to earn income into the near future.
$750,000 for a 25 year old student who was hit by a vehicle as a pedestrian. The vehicle that struck our client failed to remain at the scene, and our client was unconscious for a short time after the collision. We placed signs near the accident scenes and advertised the accident in the newspaper to try and find additional witness that could potentially identify the driver. Ultimately, we obtained a great settlement for our client even without identifying the driver of the offending vehicle by accessing her own policy of insurance.
$450,000 for a taxi driver who was rear ended by another vehicle while at work. Our client missed several months of work and required considerable therapy to achieve close to pre-accident status. We helped him access these therapies under the no-fault benefits scheme, and achieved a satisfying settlement after mediating the claim with ICBC.
$250,000 for a 28 year old who was the victim of a reckless police shooting. Our client was facing away from an officer and posed no threat when he was shot in the legs. One of the bullets broke his femur.
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