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Hit and Run Claim Succeeds against ICBC Despite Accident Occurring in a Field

 
In this ICBC pedestrian hit and run accident case(Nadeau v. Okanagan Urban Youth & Cultural Assn.,2013 BCSC 55) the personal injury claimant was dragged under a vehicle at the Bluffs outdoor music venue located on an Indian Reserve on the west side of Lake Okanagan, directly across the lake from the City of Kelowna.
The claimant was squatting on the ground in an open field used for a parking lot immediately before the accident. For some reason, the driver of the vehicle did not see him. Failing to see the pedestrain claimant and running over him in those circumstances was found to be clearly negligent.
After he was rolled or dragged  the vehicle stopped and someone in the the vehicle got out, looked at him, and said words to the effect that they had hit somebody and they needed to get out of there. The person jumped back into the vehicle and it proceeded to drive over the injury claimant’s chest with the rear passenger wheels. The claimant  was taken by ambulance to the Kelowna General Hospital and remained in hospital for almost a month.
Before a hit and run claim can be made against ICBC the injury must arise out of the use or occupation of a vehicle on a highway. The judge found that ICBC was liable for the hit and run because the field was being used as a parking lot when the accident occurred and the public has access to the area.
The court however did find the claimant’s lack of care did contribute to the accident and apportioned the liability 85 percent against the driver and 15 percent against the injury claimant.
To learn more about hit and run claims  watch my video about making a Hit and Run Claim in BC.
Posted by Personal Injury Lawyer Mr. Renn A. Holness, B.A., LL.B.

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