Law

Can You Sue in BC for a Car Accident?

You cannot sue in British Colombia for a Car Accident. According to the Kelowna car accident lawyer, British Columbia has a no-fault insurance model for car accidents. 

Regardless of who is at fault, most injured people can claim compensation from their own insurance company. But, there are some exceptions to the no-fault insurance model. In some cases, you can sue the at-fault driver for damages. 

To let you know about the no-fault insurance model, today, we will discuss a little bit about car accident charges in this short blog.

What is The No-Fault Insurance Model?

Under the no-fault insurance model, your insurance company is responsible for paying for certain expenses related to your injuries. The expenses may include the following:

  • Medical expenses
  • Lost wages
  • Pain and suffering

The amount of compensation that you are entitled to will depend on the severity of your injuries and the terms of your insurance policy.

What are The Exceptions to the No-Fault Insurance Model?

There are a few exceptions to the no-fault insurance model. In these cases, you may be able to sue the at-fault driver for damages. These exceptions include:

  • If the at-fault driver is convicted of a criminal offence related to the accident, such as driving under the influence of alcohol or drugs
  • If the at-fault driver caused the accident intentionally or recklessly
  • If you are a pedestrian or cyclist who is injured in a hit-and-run accident
  • If you are a passenger in a car that a drunk driver drives
  • If you are injured by a commercial vehicle

How to Sue for a Car Accident in British Columbia?

If you are considering suing for a car accident in British Columbia, you should first consult a lawyer. For example, Kelowna car accident lawyer can help you determine whether you have a valid case and can advise you on the best way to proceed in Kelowna.

Phase 1

To sue for a car accident in British Columbia, you must file a notice of civil claim with the Supreme Court of British Columbia. The notice of civil claim must set out the facts of your case and the damages you seek.

Phase 2

Once the notice of civil claim has been filed, the court will schedule a conference to discuss the case. At the conference, the judge will try to narrow down the issues in the case and may order the parties to exchange documents.

Phase 3

After the conference, the case will proceed to trial. At trial, both parties will have the opportunity to present their evidence to the judge. The judge will then decide whether the at-fault driver is liable for your injuries and, if so, how much compensation you are entitled to.

What is The Deadline to File a Personal Injury Claim in British Columbia?

The deadline to file a personal injury claim in British Columbia is generally two years from the date of your injury. But wait, there are some exceptions to this deadline. 

For example, if you are under 19 when you are injured, you have two years from the date of your 19th birthday to file a claim.

It is important to note that the deadline to file a personal injury claim is strict. If you miss the deadline, you cannot sue for your injuries, even if you have a valid case.

What Damages Can You Recover in a Car Accident Lawsuit?

If you are successful in your car accident lawsuit, you may be able to recover the following damages:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Loss of enjoyment of life
  • Property damage

In some cases, you may also be able to recover correctional damages. Correctional damages can punish the at-fault driver for their reckless action.

Conclusion

If you have been injured in a car accident in British Columbia, it is important to determine your rights and options. You may be able to sue the at-fault driver for damages, but there are some limited exceptions to the no-fault rule. 

If you are still determining whether you qualify to sue, consult with an agency like Kelowna car accident lawyer. If you decide to sue, remember to gather all your evidence, including medical records, witness statements, and a copy of the police report.

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