Who to sue for hit and run / unidentified motorist claims

For hit and run / unidentified motorist accidents that occur on a highway in British Columbia, s. 24 of the Insurance (Vehicle) Act, RSBC 1996, c. 231 provides that ICBC can be sued as a nominal defendant on account of the negligence of the unidentified driver. When starting a court action for a hit and run accident claimants should name “John Doe #1” and John Doe #2” as defendants and then an apply to substitute the correct names in if the identity of the driver and owner are eventually determined.

 

Special rules apply to hit and run / unidentified motorist claims arising out of accidents that occur outside British Columbia. Coverage for hit and run accidents occurring in Nunavut, the Yukon, Northwest Territories or United States of America is considered first party insurance and is dealt with under Part 10 of the Insurance (Vehicle) Regulation, B.C. Reg. 447/83.

 

Further information about hit and run / unidentified motorist claims is provided in the hit and run / unidentified motorist section below.

 

Claims involving hit and run accidents can be complicated and claimants with such claims should likely seek legal advice.

 

 

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