‘Standing in the shoes’ of motorists

AUTOTOPIC

A CHECK of the Lower
Mainland edition of the
Yellow Pages reveals an
interesting fact. The largest
category of advertisers con-
cerns everything to do with
motor vehicles, from sales
through service to ac-
cessories.

going on to the Supreme Court of
Canada.

The process of settling auto in-
surance claims in B.C. is done
through the use of the tort system.
The word ‘‘tort’’ which is a Latin
word for ‘‘twisted’’ or ‘‘wrung,”’
became the term for ‘‘a breach of
duty’? in the 16th century. Now

‘the word is used to describe a civil

(or private) wrong committed
against an individual.

if a motorist is legally fiable
(responsible) for hitting and hur-
ting another person, that injured
person is the victim of a tort and
will want some form of compen-
sation for his or her loss.

If the two can’t agree on the

44 The word ‘tort? Latin for ‘twisted’ or
‘wrung, became the term for a breach of duty’
in the 16th century. 99

The second largest category is
made up.of legal firms and indi-
vidual lawyers seeking 1o represent
people with auto insurance claims.

From. time to time, the, media
reports, on court cases concerning
ICBC ‘claims, - -Tanging from the

trivial to the tragic. Two motorists |
who disagree over which of them:

caused: a _fender-bender may ‘end
up arguing..their points in’ small
claims court...” |

"Personal injury’ cases, potential-
ly: worth; millions of dollars in.set-
tlements; are.-heard: in. B.C.
Supreme’ Court, with some even

‘YOu ci

kind or amount of the compensa-
tion, the injured party can hire a
lawyer to take legal action and, if
necessary, have the courts decide.
If asked, the courts will exam-
ine the evidence, compare it with
similar cases, and determine the
appropriate settlement in the
dispute, usually an amount of
money. -The motorist then owes
that amount to the injured party.
Of course, all motorists in B.C.

‘have insurance coverage through

ICBC which protects them finan
cially if they are liable for injuries

or damages caused to others or

their property.

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OTIVE

This means that ICBC has an
obligation to figuratively ‘stand
in the shoes’? of the liable
motorist, negotiating with the in-
jured party or that person's
lawyer and,
ing in court to ensure that the loss
being claimed is fully proven.

If the court awards compensa-

Bhar

if necessary, appear--

tion, ICBC pays the settlement up
to the coverage limits purchased
by the motorist.

Although this process can be
very adversarial, most claims are
settled without the direct involve-
ment of fawyers and the courts.
More on this next week.

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