AUTO!

OTIVE

ost claims settled without

direct involvement of lawyers

Ken
Harce

AUTOTOPIC

A CHECK of the Lower
Mainland edition of the
Yellow Pages reveals an
interesting fact.

The Jargest category of adver-
tisers concerns everything to do’
with motor vehicles, from sales
through service to accessories.

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

From time to time, the media
Teports on court cases concerning
ICBC claims, ranging from the
trivial to the tragic.

Two motorists who disagree
over which of them caused a
fender-bender may end up argu-
ing their points in small - claims
court. Personal injury -cases,
potentially .worth millions of
dollars in settlements, are heard in

“B.C, Supreme Court, with some
even 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.

Neediess to say, if a motorist is
legally liable (responsible) for hit-
ting and hurting another person,
that injured person is the victim
of a tort and will want some form
of compensation for his or her
loss.

If the two can’t agree on the
kind or amount of the compensa-
tien, 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
other, 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. This means that

ICBC has an obligation to literally
“stand in the shoes’’ of the liable
motorist, negotiating with the in-

Tickets sold for Mazda Mystere

THE NORTH Vancouver Youth
Band is currently selling tickets to
win a 1993 Mazda MX-6 Mystere.
The non-profit. marching and
concert band supports its activities
and |staff from the monthly dues
paid..by all members-and various
fundraisers throughout the year.
Tickets. will be ‘sold by band
‘members in West! Vancouver at

Park Royal North on March 6-7
and in North Vancouver on
March 20, 21, 27, and 28 at
Lynn Valley Mall,

The Grand Prize draw for the
Mystere will take place April 3,
1993 during the ‘‘Mystere Event’”’
at the International
North Vancouver,

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jured) party or that person’s
lawyer and, if necessary, appear-
ing in court to ensure that the loss
being claimed is fully proven.

If the court awards compensa-
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 lawyers and the courts.

More on this next week.

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Then drive the Infinici Q45.
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“Road & Track, Dec. 1990