Can I Sue if I Get Injured in a Car?

[Glacier]

So I'm riding with someone on Kal Lake Road in Coldstream. It's dark and raining, and thus the driver didn't see the brand new speed bumps put on the major road through Coldstream. We hit those suckers at probably 60km/h (speed limit is 50, but hitting those suckers at anything over 30 is asking for a broken spring). Two of us in the car go injured as we pretty much got air off the bumps, and heads hit the ceiling. Worse, my *bleep* came down on top of a sharp metal object, and I got a deep bruise and sore back. Same goes for another person in the vehicle. The other person might need physio. Does ICBC cover anything like this? Can I sue the driver?

[Grandan]

Of course you can sue the driver! Driver was operating with undue care and attention and it was not your fault. Were you not wearing seatbelts?
My daughter tapped a guy from behind, broke a lens on her turn signal causing $20 damage. The occupants of the other vehicle sued for whiplash and were paid out. My daughters safe driver was revoked. It was a scam. Go to the Dr and have it documented.

[Glacier]

But I repeat myself...

Anyway, yes I was wearing a seatbelt. The problem is they aren't designed to stop vertical motion so well.

As for undue car and attention, the speedbumps aren't marked very well, and it's impossible to see them, so I can't really blame them that much. Every single person I know has hit them hard at least once since they were put in. Even a school bus did it.

[LTD]

I hit one of those one night at speed it was a little foggy and the signs being right at the speedbump doesn't help at all

[Grandan]

But I repeat myself...

Anyway, yes I was wearing a seatbelt. The problem is they aren't designed to stop vertical motion so well.

As for undue car and attention, the speedbumps aren't marked very well, and it's impossible to see them, so I can't really blame them that much. Every single person I know has hit them hard at least once since they were put in. Even a school bus did it.

I know it takes a few times over those things to drive the message home. That is what they are designed for. To wake you up and make you think twice before you speed through their neighbourhood! The driver was exceeding the speed limit ( a bad practice at any time ) so there is no way of suing the town, they are marked such that if you were travelling the speed limit you would have seen them in time. These things are designed to teach you a lesson.
I carry under-insured motorist protection so I do not need to be in my car or even can be on vacation and I am covered.
It may develop into some other debilitating injury so it it wise to get looked at sooner rather than later. Good Luck.

[lesliepaul]

If the city put these speed bumps on a "city" roadway they have to be indicated by signage and recommended speed over them. To have them "suddenly" put them in while you are at work and on your way home you hit one at the speed limit and sustain vehicle damage or personnel injury...........damn right you can sue if these bumps are to be negotiated under the normal speed limit.

[my5cents]

I know it takes a few times over those things to drive the message home. That is what they are designed for. To wake you up and make you think twice before you speed through their neighbourhood! The driver was exceeding the speed limit ( a bad practice at any time ) so there is no way of suing the town, they are marked such that if you were travelling the speed limit you would have seen them in time. These things are designed to teach you a lesson.
I carry under-insured motorist protection so I do not need to be in my car or even can be on vacation and I am covered.
It may develop into some other debilitating injury so it it wise to get looked at sooner rather than later. Good Luck.

I'd check with ICBC on what "Underinsured Coverage" covers. It has nothing to do with you being "insured even if you are not in your own car". Yes you are covered for many losses, inside or outside of your car and inside and outside BC. But it doesn't extend coverage to outside your vehicle, you already have that.

If you have a tort claim and the claim is more than the policy that covers the liable vehicle has available, your Underinsured Coverage will extend the limitations on that claim.

You also have LOTS of coverage under Part VII (No Fault) That covers you and your family (anyone living in your household) for medical and wage loss for a claim in Canada and the US.

In BC, everyone who insures a vehicle or lives in the household of someone who does, has Underinsured Motorist Protection. You can buy "Excess Underinsured Motorist Protection", but UMP (as it's called) on your basic Autoplan is already $1 million (and that's per person). If you need to place a claim on your UMP you've drained the liable vehicle's insurance (minimum $200 grand) and need your UMP. That's a big injury.

As for "Can I Sue ?", .... you're first step is to place a claim with the vehicle owner's insurance company. If there was negligence on the part of anyone and you have suffered an injury, you could have a claim.

For starters, if you have an injury, an ICBC claim will give you access to your No Fault coverage for medical and wage loss.

[dirtybiker]

Sue the driver, split the pay-out

[w84u2]

Did the police attend? Was there a report written? Were you checked by paramedics? Answer no to any of these questions and you have no claim.

[my5cents]

Did the police attend? Was there a report written? Were you checked by paramedics? Answer no to any of these questions and you have no claim.

Completely wrong.

Where did you get that idea ? I know you knew a guy who had a friend who's neighbor told him, right ?

[w84u2]

You can sue, you can't win. Get a lawyer and try it.

[my5cents]

You can sue, you can't win. Get a lawyer and try it.

Don't you have the cart before the horse.

First you put in a claim and see what happens, AFTER, you don't get satisfaction, THEN you sue.

[w84u2]

ICBC will not even look at a case like this.

[my5cents]

ICBC will not even look at a case like this.

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

[dirtybiker]

ICBC will not even look at a case like this.

A friend lost the end of one of his fingers due to the negligence of the driver of the
vehicle in which he was riding.

He sued the driver, also a friend, (of mine and his) and settled at, if memory serves correct
$22,000.00.

He, in turn, to save the friendship, share a small portion of the payout for buddies vehicle
replacement.

They are still friends and neighbours BUT, are never seen in a vehicle where one is the driver,
and one passenger.