Last week, we had a client come to us who was injured in a car accident. After getting some basic information, we learned that the accident took place two years ago minus one day. That meant that we had to file her claim by the next day. Luckily, she came to us just in time and we were able to preserve her rights. Had she waited just one more day, she wouldn’t have been able to file her claim because the limitation period would have expired.
Section 6 of the Limitation Act, SBC 2012 c 13 creates a 2-year limitation period, which means you have two years from the date of the accident to commence a claim. Once that time passes, if you have not started a claim, there is nothing you can do. If you’re injured, you can’t get compensated.
Our client told us that when she spoke with ICBC, they brought up the limitation date but were evasive and confusing. They never gave her a straight answer so she asked them to send her an email explaining it to her which she never received. She dealt with it as soon as she realized her rights were about to be extinguished – others may not be so fortunate. Notwithstanding the morality of the matter, ICBC has no legal duty to inform those who have been injured about the limitation period. Know your rights, and beware that there are limitation periods which can affect your ability to make a claim. Indeed in cases of hit and run claims these limitation periods can be as short as six months. Talk to a lawyer as soon as possible to protect your rights.
Contributed by Casey Trivett
Lawyer
Einfeld Law is a civil litigation law firm with a primary focus on personal injury.
We do not represent ICBC or any insurance companies.
Don’t settle for less. Contact Einfeld Law for a free, initial consultation at (250) 712-0001, visit our website at www.kelownalaw.com, or find us on facebook.
Comments are closed