Posts Tagged ‘no fault animal slippery road ice snow’

Single Car Collisions

My last blog spoke about animals on the road. In this blog, I look at No Fault Collisions in a more general way. The message is similar.

These are situations where an animal or ice and snow cause the collision. It may also occur where someone driving suffers an unexpected medical event such as an epileptic seizure or heart attack.

Very often the situation I get is someone comes in who was a passenger in a single car collision. They went to ICBC. ICBC asked how the accident happened. They say it was no one’s fault, just bad road conditions. Often they don’t want to say anything that would get the driver “in trouble”.

The reason there is insurance is to cover the driver if the driver did something wrong.

Very often someone goes off the road with no one at fault – there was nothing they could do. If there is no fault, then there is no claim. ICBC adjusters sometimes call this as a no-fault accident.

There is also a legal doctrine known as Inevitable Accident. This is claimed where a collision is by an external force – like an animal unexpectedly jumping out on the road in front of the vehicle with no opportunity to avoid the collision or if the driver is affected by something internal such as a medical condition.

So, if you have been injured in a single car collision and someone else was driving, it is important that you consider whether or not the driver did something that contributed to the collision. To put it another way, was there something the driver could have done to avoid the collision such as drive slower, breaking sooner or paying better attention to his driving. The standard of care necessary is not driving under the speed limit, but rather driving at the speed appropriate for the road conditions.

If you’re in a single car collision, or one that may have been caused by someone with a medical condition, it may be worthwhile to consult with a lawyer prior to making ICBC or an insurance company. You want to make sure any statement you give is clear and accurate and cannot be wrongly interpreted against you.