Can I Sue if I Get Injured in a Car?

[w84u2]

ICBC will not even look at a case like this.

...and you know this because.......

Knowledge and experience. But don't take my word for it, lawyer up and file a claim.

[my5cents]

IF a person was the passenger in a vehicle and the driver drove too fast over speed bumps and as a result the passenger suffered injuries, they certainly have a claim. No if's and's or but's.

Of course it would be incumbent on the passenger to prove injury. If there was an injury then, you have "negligence" and you have "injury" in the course of operation of a vehicle insured by ICBC. You have a claim

[w84u2]

IF a person was the passenger in a vehicle and the driver drove too fast over speed bumps and as a result the passenger suffered injuries, they certainly have a claim. No if's and's or but's.

Of course it would be incumbent on the passenger to prove injury. If there was an injury then, you have "negligence" and you have "injury" in the course of operation of a vehicle insured by ICBC. You have a claim

Where's the medical report? The police report? ICBC damage to car report? EHS report? Is there ANYTHING to substantiate the injury claim?

[Glacier]

Where's the medical report? The police report? ICBC damage to car report? EHS report? Is there ANYTHING to substantiate the injury claim?

Most people, when suffering a back injury, don't do anything about until it refuses to go away after a couple of weeks. No one reports minor injuries from hitting pot holes and speed bumps.

[w84u2]

Where's the medical report? The police report? ICBC damage to car report? EHS report? Is there ANYTHING to substantiate the injury claim?

Most people, when suffering a back injury, don't do anything about until it refuses to go away after a couple of weeks. No one reports minor injuries from hitting pot holes and speed bumps.

Okay, then...where's the Dr.'s report? Xrays? Chiropractor? None of the above? Take the $50 nuisance value pay off and run. But before you get that, you will have to submit to ICBC's medical exam. Good luck.

[my5cents]

Where's the medical report? The police report? ICBC damage to car report? EHS report? Is there ANYTHING to substantiate the injury claim?

Once a claim is placed, if the claimant didn't have a lawyer, they would be asked and likely sign releases for the information.

If, the claimant went to their doctor, ICBC, if a release was signed, would request information from the doctor.

Unless the claimant was required transport to the hospital from the scene at the speed bump, (highly unlikely) there would be no information available from the police as generally that is one of the criteria for police involvement.

Had the police been called and advised that someone had suffered minor injuries as a result of a speed bump, but were OK to leave the scene and seek medial attention at a later time, the police would decline to become involved.

There is a lot of misinformation about police attendance with respect to ICBC claims. Many police jurisdiction refuse to attend minor traffic accidents. Even it they had, in many instances the only information they have is the date, time, location, description of vehicles and names of those involved and witnesses (if any). Basically nothing the people in attendance at the scene couldn't supply.

Similarly ICBC used to require the victim of vandalism or theft from a vehicle to obtain a case number (not sure if they do now or not). In many many incidents the case number was obtained by phoning the police station, talking to a clerk who took down brief information and provided a case number. Police did not attend or investigate. Thus the existence of a case number really didn't verify anything in regards to the incident, pretty well useless.

We were initially advised that the injured person did not get transported by ambulance so, obviously there would be no EHS (Emergency Health Services [Ambulance]) report.

If the vehicle required repair, ICBC would have already had the opportunity to view it, or get information from the body shop, if it had not, the driver or owner would be requested to bring the vehicle to a claim centre for examination, if they felt it was necessary.

The type of incident, would likely not reveal much in the way of evidence, however they may be signs of excessive suspension travel, not crucial to a claim.

Many claims are processed and settled when the incident didn't involved the police, ambulance, or hospital, just follow-up with a GP and perhaps therapy of some kind.

Slamming ones finger in the door of a car, is an incident type that comes to mind.

[w84u2]

What is preventing someone from showing up on ICBC's doorstep and claiming an injury that was not acquired in a MVI? Let's say they fell on a slippery sidewalk and bruised their spine. It didn't hurt until somebody drove by, helped them to the car and hit a speed bump in the apartment building parking lot when taking them home. THEN it really started to hurt. Sue the driver for doing a good deed?

[my5cents]

Okay, then...where's the Dr.'s report? Xrays? Chiropractor? None of the above? Take the $50 nuisance value pay off and run. But before you get that, you will have to submit to ICBC's medical exam. Good luck.

You are quite correct, the claimant would have a challenge to get any compensation.

Don't forget there is more than one kind of claim. There is the part where ICBC pays for medical treatment and perhaps wage loss, under No Fault Coverage and then there is the possibility of a Tort claim for pain and suffering etc. Not saying either would be considered by an ICBC adjuster, but such a claim would not be negated by the lack of police, ambulance or hospital involvement.

An IME ? for this ? Do have any idea how much an IME costs ? That would be like an MRI for a slight bruise.

If ICBC feels the claim is completely without merit, they wouldn't pay a cent. Private insurance is prone to the "go away money". ICBC not so much.

A good example ICBC just saying "NO go away" was a couple who were travelling along a highway in the interior and a fatal head on collision occurred a very short distance ahead of them on the highway. The driver of the couple's car locked up the brakes and skidded to an abrupt halt to avoid the debris and mangled vehicles on the road (and did so). They placed a claim for whiplash resulting from the abrupt stop.

[my5cents]

What is preventing someone from showing up on ICBC's doorstep and claiming an injury that was not acquired in a MVI? Let's say they fell on a slippery sidewalk and bruised their spine. It didn't hurt until somebody drove by, helped them to the car and hit a speed bump in the apartment building parking lot when taking them home. THEN it really started to hurt. Sue the driver for doing a good deed?

Nothing is preventing someone from showing up. That's why ICBC has adjusters and a Special Investigation Unit.