I am a personal injury lawyer in Vancouver and was in court chambers this week on an interesting matter. The courthouse was probably the busiest I have every seen with almost 90 court applications scheduled to be heard by one master of our Supreme Court. The court clerk did an amazing job of coordinating the application and my matter was heard before noon. The injury claimant was injured in a car accident by a driver of a stolen vehicle. Before filing the lawsuit the driver of the stolen vehicle died. So what happens? Is there still an injury claim against the deceased driver and can the claimant recover money against ICBC? The short answer is yes there is a claim and yes you can recover money from ICBC.
In British Columbia the Insurance (vehicle) Act provides a procedure for innocent victims of car accidents to receive compensation from ICBC when they are injury by uninsured motorists. A driver of a stolen vehicle has no valid insurance and therefore application to ICBC for uninsured coverage is required. There are several conditions that have to be met in order to qualify for this compensation and I highly required you get a good personal injury lawyer with experience dealing with ICBC. Section 105 of the Regulations limits this ICBC compensation to a maximum of $200,000.00 for all claim arising from the same accident.
The Estate Administration Act allows an injury claimant to sue a deceased person in their name or the executor or administrator of the estate. Again there are very specific requirements that have to be met to proceed with this type of claim so get an injury lawyer in BC. You will have to make a court application with supporting affidavit seeking an order that: The Insurance Corporation of British Columbia be appointed as a litigation representative on behalf of the deceased driver or, alternatively, that the proceeding continue with no litigation representative appointed on behalf of the deceased driver and the requirement for service on this driver be dispensed with. Posted by Mr. Renn A. Holness