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Difference between revisions of "ICBC and Personal Injury Claims (12:XII)"
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ICBC and Personal Injury Claims (12:XII) (view source)
Revision as of 19:03, 16 August 2019
, 19:03, 16 August 2019→B. Identifying Parties to the Dispute
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The plaintiff(s) in a given case may be any or all of the following: | The plaintiff(s) in a given case may be any or all of the following: | ||
*the injured party (which could be the driver, occupant, or bystander) or the estate of the deceased; the relatives of the injured party; the | *the injured party (which could be the driver, occupant, or bystander) or the estate of the deceased; the relatives of the injured party; the registered owner of the vehicle in the accident; and/or the guardian of a party lacking the requisite mental capacity to commence an action. | ||
In general, anyone whose negligence may have caused or contributed to the motor vehicle accident should be joined as a defendant. This might include: | In general, anyone whose negligence may have caused or contributed to the motor vehicle accident should be joined as a defendant. This might include: | ||
*the drivers; passengers; the estate of deceased defendants; registered owners of vehicles; ICBC or other insurers; ministry of BC transportation; municipalities; the parties responsible for the manufacture or maintenance of the vehicle; and/or employers. | *the drivers; passengers; the estate of deceased defendants; registered owners of vehicles; ICBC or other insurers; the ministry of BC transportation; municipalities; the parties responsible for the manufacture or maintenance of the vehicle; and/or employers. | ||
Appropriate third parties to the dispute will often include insurance companies (including ICBC) who, while not themselves tortfeasors, may be under an obligation to indemnify the defendant. | Appropriate third parties to the dispute will often include insurance companies (including ICBC) who, while not themselves tortfeasors, may be under an obligation to indemnify the defendant. | ||
:'''NOTE:''' It is very important to properly determine who the parties are. Failure to do so may adversely affect the client’s claim, and/or | :'''NOTE:''' It is very important to properly determine who the parties are. Failure to do so may adversely affect the client’s claim, and/or may result in an empty judgement. See [[Introduction to Small Claims (20:I) | Chapter 20: Small Claims]] for more information (the information holds true in Supreme Court as well). | ||
:'''NOTE:''' When the accident occurred “in the course of employment”, the ''Workers Compensation Act'' [''WCA''], RSBC 1996, c492, may apply. Where the ''WCA'' is engaged, the Act assumes exclusive jurisdiction over the case, and an action in tort is barred. It is therefore extremely important | :'''NOTE:''' When the accident occurred “in the course of employment”, the ''Workers Compensation Act'' [''WCA''], RSBC 1996, c492, may apply. Where the ''WCA'' is engaged, the Act assumes exclusive jurisdiction over the case, and an action in tort is barred. It is therefore extremely important to fully explore the employment relationship(s) of both plaintiffs and defendants before proceeding. See [[Introduction to Workers%27 Compensation (7:I) | Chapter 7: Workers’ Compensation]] for more information. | ||
== C. The Fault Requirement == | == C. The Fault Requirement == | ||
