Difference between revisions of "Starting a Small Claim (20:V)"

A claimant who is suing for the deductible portion of an insurance policy must name both the driver and the registered owner of the vehicle as defendants rather than ICBC. A claimant who only has the number plate of the vehicle can obtain the owner’s name by writing a letter to ICBC’s Vehicle Records Office.  

'''Note: If a motor vehicle has caused personal injury or property damage or a claimant has been denied coverage by ICBC, refer to the entire  Law Students’ Legal Advice Program’s “Automobile Insurance (ICBC)” guide. Claims involving motor vehicles and motor vehicle insurance can be  complicated; it is not possible to cover all possibilities in this Small Claims guide.'''

*ICBC may be liable if damage is caused by an unidentified (i.e., hit and run)43, under, or uninsured motorist44; and  

*personal injury claims are very difficult to value and it may be appropriate to consider bringing the claim in Supreme Court if the injuries are more than trivial.

Many personal injury lawyers work on a contingency basis. A claimant may wish to consult a personal injury lawyer prior to filing the claim to  ensure that the amount claimed is reasonable and all parties are properly listed on the Notice of Claim.  

Whether or not ICBC is named as a defendant, in a claim for damages caused by a vehicle in British  Columbia, a claimant '''must''' serve ICBC  with a copy of the Notice of Claim and a blank Reply form in the same manner as serving a corporate defendant45.  

Where ICBC is properly named as a defendant, its correct legal name is the '''Insurance Corporation of British Columbia'''.   It is a special  type of corporation and the usual corporate designation such as Inc. is not required.