When the Insurance Corporation of British Columbia decides to deny a personal injury claim after a car accident, often the only recourse is to file a lawsuit. Depending on the level of court, there are rules that control the court proceeding and claimant  lawyer’s best options are usually assisted by the use of the Rules of Court.
In this post I will outline three top Supreme Court rules that personal injury lawyers and claimants can use to put their best foot forward.
first, getting the insurance policy of the at fault driver.  Rule 7-1 (3)  allows a claimant in a car accident to find out the policy limits on the other drivers insurance policy. This will be a top priority for the lawyer if there is a policy limits issue. As the rule states,

(3)  A party must include in the party’s list of documents any insurance policy under which an insurer may be liable

(a) to satisfy the whole or any part of a judgment granted in the action, or

(b) to indemnify or reimburse any party for any money paid by that party in satisfaction of the whole or any part of such a judgment.

Second, getting documents from ICBC . Rule 7-1(1) requires the ICBC lawyer to list and provide documents that are directly relevant. as the rules state,

(1)  Unless all parties of record consent or the court otherwise orders, each party of record to an action must, within 35 days after the end of the pleading period,

(a) prepare a list of documents in Form 22 that lists

(i)  all documents that are or have been in the party’s possession or control and that could, if available, be used by any party of record at trial to prove or disprove a material fact, and

(ii)  all other documents to which the party intends to refer at trial, and

(b) serve the list on all parties of record.

Third, Setting a date for the personal injury trial. Rule 12-1 outlines how to set a trial.
For more information about personal injury law in British Columbia generally take a look at my video about the purpose of personal injury law.
Best plan is to call a lawyer for a free legal consultation before you consider filing a lawsuit. Posted by personal injury lawyer Mr. Renn A. Holness, B.A., LL.B.

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