A B.C. judge has ruled that hit-and-run victims must take active steps to identify the driver if they want to make a claim with ICBC for damages. Relying solely on police investigations is not enough.
Another B.C. judge has added his voice to a growing 'chorus' criticizing ICBC for not informing hit-and-run victims of their duty to make 'all reasonable efforts' to find out the identity of the driver if they want to make a claim for damages. Relying on police to investigate is not enough, as the victims in a Burnaby hit-and-run found out in a ruling by B.C. Supreme Court Justice David Crerar Wednesday. On Feb.
3, 2019, Larrissa Fearon, Shawayne Powell and Duwayne Fearon were in a vehicle at Sussex Avenue and Beresford Street, when a stolen pickup ran the stop sign at 'high speed' and T-boned them, according to the ruling. The truck ended up in the bushes beside the B.C. Parkway path, and the driver fled the scene. Police conducted an investigation, including interviews with the victims and a witness, a police dog search and a forensic examination of the interior of the pickup, but their efforts didn't turn up any useful surveillance video evidence, and the case was closed after seven days. Since the driver was never identified, the victims sued ICBC for damages, including lingering soft-tissue injuries in their necks, shoulders and backs. But Crerar ruled they had not done enough to find out the identity of the driver and dismissed their claims. Under Section 24 of the Insurance (Vehicle) Act, he said courts are not allowed to award judgments against ICBC in hit-and-run cases unless the court is satisfied the victims have made 'all reasonable efforts' to identify the driver. The three plaintiffs argued they had acted reasonably in not taking steps to investigate because they knew the police were on the case. 'They argue that they properly assumed the collision would be thoroughly investigated, as it involved not one but two crimes: the theft of the vehicle, and the flight from the collision,' stated the rulin
HIT-AND-RUN ICBC VICTIMS LEGAL DRIVER IDENTIFICATION
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