If you are a passenger injured in a motor vehicle accident you may be entitled to damages, even if the driver of the vehicle that you were a passenger in was at fault for the accident. In order to recover such damages, you must file a claim against the driver of the vehicle you were riding in. Often passengers are reluctant to file such claims because the driver of the vehicle is a family member or other acquaintance. It is important to remember, however, that while the claim may be against your family member or friend ‘on paper,’ it is ultimately ICBC that will pay the final damage award. Further, the defence of the claim will be conducted by ICBC’s lawyers, with little involvement from the friend or family member beyond perhaps acting as a witness. Thus, it makes little sense for a passenger injured in a motor vehicle accident to forsake compensation they are legally entitled to for fear of filing a claim against a family member or friend. Indeed such claims are common. For instance, children injured in motor vehicle accidents often file claims against their parents order to recover compensation for their injuries. Thus, if you are injured as a passenger in a motor vehicle, you should not feel any hesitation about filing a claim against the driver, even if he or she is a family member or friend.
Family, Personal Injury and Estate Lawyers