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| Q. |
How long after an accident can
I wait in order to conclude a settlement or start legal
proceedings? |
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| A. |
In B.C., you are allowed to start
an action up to two years from the date of an accident,
though in the case of a hit and run claim you must give
written notice of your intent to claim within six months
and then commence your action within two years of the
date of an accident. If your action is outside the province
or your claim relates to no fault accident benefits, a
claim by a minor or relates to an accident out of the
province, please contact a lawyer for further detailed
advice. |
| Q. |
Is the amount that ICBC is offering
to me in order to settle my claim reasonable? |
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| A. |
It depends. Damages are awarded
by a court depending on similarity to previously decided
cases and settlements are negotiated on the basis of what
would happen in court, so you need to talk to a lawyer
and provide detailed information about your injuries including
copies of any medical and income loss documents you may
have in order to obtain an opinion. |
| Q. |
If I wasn't wearing a seatbelt
or was driving too fast, will I be able to claim damages? |
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| A. |
Yes, provided the other driver
was negligent, you will be able to recover damages but
if your actions contributed to the accident or your injuries,
you should expect that your damages will be reduced by
some percentage to reflect that; you should ask a lawyer
for advice about what a reasonable amount would be under
the circumstances. |
Meet
our team working in this area.
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