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Thursday, January 30, 2014
How Does ICBC Determine Liability in a Car Accident?
If you have
been injured in a British Columbia car accident
and there is disagreement about who is at fault for the collision, ICBC will
assign an insurance adjuster to both you and the other driver in order to
determine how to apportion the blame. Liability for an accident is decided
internally; the adjusters will negotiate amongst themselves to reach a
decision.
Most of the
time, you do not have any input on this process. If you are lucky, your
adjuster may actually interview the accident witnesses in detail in order to
reach a reasoned decision. Unfortunately, more often than not, ICBC adjusters
make a decision without much investigation in order to resolve the claim as
quickly as possible.
It’s
important to understand that ICBC’s internal decision regarding liability is
not binding on you unless you accept their position at face value. If you
disagree with their decision, you will need to overturn it. This can be done in
one of two ways:
- Asking ICBC for an
internal review
– The issue of liability will be reviewed by a committee at ICBC.
- Proceed to Small
Claims / Supreme Court
– Filing a lawsuit on the issue of liability requires that you sue the other
motorist(s) involved in the accident, not ICBC. If the court makes a
decision different than the ICBC’s internal decision, the Court’s decision
stands.
If you pursue
this issue in court, ICBC will appoint a lawyer to represent the other driver
you are suing. This means you will be up against an experienced lawyer, in which
case you will need to hire your own attorney in order to have the best chance of success. For
over 20 years, Stephens & Holman has been helping British Columbians successfully
prove liability in these types of cases, obtaining the compensation they
deserve after a serious car accident.
If you have
been injured in a car accident anywhere in British Columbia, please contact Stephens &
Holman today or call toll free (866) 200-3575 to schedule a free case evaluation
with one of our experienced Surrey ICBC lawyers. We have 14 office
locations throughout British Columbia.
posted by Admin at 2:50 PM
Monday, January 20, 2014
Surrey Woman Dies in Pedestrian Accident with Semi Truck
A 20-year-old
Surrey woman has died from her injuries after being struck by a semi truck near
one of the city’s most dangerous intersections on Wednesday, January 22nd.
She was crossing King George Boulevard on the north side of 104th
Avenue at around 8:30PM when the truck hit her in the left turn lane.
So far, no
charges have been brought against the truck driver, who remained at the scene
of the pedestrian
accident to assist. However, police are seeking details from witnesses, and
are planning to review video footage that might shed light on what caused the
accident. Meanwhile, police have asked pedestrians to be careful when crossing
the notorious intersection – especially when large tractor-trailers are on the
road.
According to
the Insurance Corporation of British Columbia, over 50 people have been struck
on King George Boulevard in the last five years between 9th Ave and
108th Ave. Seven of these collisions happened in the exact same
intersection where the Surrey woman was fatally injured. The northern stretch
of the boulevard has been the focus on several traffic enforcement blitzes in
the past few years because of how many pedestrian and bicycle accidents routinely
occur in the location.
If you have
been seriously injured in a traffic accident anywhere in British Columbia,
please contactStephens & Holman today or call toll free (866) 200-3575 to schedule a
free case evaluation with one of our experienced Surrey personal injury
lawyers. We have 14 office
locations throughout British Columbia.
posted by Admin at 2:43 AM
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