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Reasonable Efforts Required from Your End in a Car Accident Claim


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If you have been a victim in a “Hit and Run” , car accident case, then it becomes your responsibility to ensure “reasonable efforts “ to help the authorities and lawyers ascertain and understand the identity of the person/ driver/ owner of the vehicle which was involved in the accident.

According to a reputed ICBC claims lawyer Surrey, under section 24(5), failure to perform this duty can lead to ICBC arguing that the case be dismissed on grounds of “no reasonable efforts” being undertaken by the claimant to investigate and provide information regarding the unknown driver/owner of the vehicle.

It is also important to note that the adjusters associated with ICBC are not obligated to provide advice to the plaintiff regarding the steps to be taken to help discover the identity of the party involved in the collision. The identification of the owner of the vehicle is also important to gain access to the insurance coverage.

Some of the other recommendations by the ICBC claims lawyer Surrey include:
Submission of report/signed statement to ICBC
The plaintiff is obligated to submit a report and not a signed statement to ICBC. This is necessary for the application for the ‘No Faults Benefit’ linked with Part 7. It is important for the client to not sign a statement in relation to how the accident happened, as the adjuster can pass over the same to the defendant, who can use it for defending and minimizing the client’s claim. Any point in the signed document, which appears as omitted, misstated or confusing, can be used by the defender against the client in future and so the submitting the same must be avoided at all costs.

The adjuster’s role
The role of the adjuster has to be understood to avoid any legal hassles or stress in future. The adjuster is associated with the ICBC and has a dual role to play; he works along with the client for the accident benefit and at the same time tries to reduce the amount that has to be doled out as claim by the insurance company. It has to be understood that the adjuster is paid to bring the claim to a closure in a fast and cheap manner. All information given out by the client can go against him in future and should be analyzed well before being delivered. The adjuster is usually called as a witness in the case by the defender, whose motive is to reduce the amount of the claim; it therefore becomes important for the client to weigh his words before speaking.

Seeking medical attention
It is important for the client to seek immediate medical help if he has been injured in the car accident. Apart from not getting the treatment at the right time, delaying medical help can also lead the ICBC into thinking that the client’s injuries were not serious enough to justify the projected claims.

Visits to a walk in clinic or appointments with multiple doctors, is not recommended, as the act may weaken the case for the client. It is best to stick to a family physician or a medical expert with whom the client shares a rapport, to enable better communication with respect to the insurance claim.

Our legal advisors in Vancouver are always willing to help you on any type of legal case/s. Find more information on our Icbc Claims Lawyer Surrey services.

icbc claims lawyer surrey

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