BLOG

Recent Posts

Vancouver Motorcycle Accident Injury Lawyers

Our highly rated ICBC motorcycle accident and motorcycle injury lawyers deal with serious motorcycle injuries to riders and their passengers that occur in Vancouver, Surrey, Kelowna and Fort St John. Motorcycle accidents in Vancouver can result in serious injuries and catastrophic financial loss. It’s critical you meet with us immediately after getting medical attention.

A recent BC Court of Appeal case dealt with what happens when a motorcyclist is hit by a car that does not remain at the scene. In these cases the injured motorcyclist can sue ICBC itself unless it can be proven who the other driver is. When another possible driver is identified they can also be added so the court or a jury can decide who is at fault. In Gibson v. ICBC the Honourable Mr. Justice Low held that it was not appropriate to discharge ICBC itself as a defendant when there was a dispute over whether the new potential driver identified as someone who might have caused the accident was in fact involved. The court made in clear that when there is disputed evidence as to who was driving or not the matter is to be decided by hearing real I’ve witnesses not on a trial by affidavit without the powerful tool of live cross examination.

[1]           This is an appeal of an order substituting Heather Bradshaw (formerly Heather Sawicki) and Darryl Sawicki as defendants in the action in the place of the Insurance Corporation of British Columbia (“ICBC”), and dismissing the action as against ICBC. The latter provision in the order was made pursuant to s. 24(6) of the Insurance (Vehicle) Act, R.S.B.C. 1996, c. 231 [Act]. [2]           Section 24(1) of the Act permits a person suffering bodily injury in a motor vehicle collision to bring an action for damages against ICBC “as nominal defendant” when “the names of both the owner and the driver of the vehicle are not ascertainable”. The appellant brought an action against ICBC under this section. [3]           Section 24(6) reads: If the identity of the unknown owner or driver is ascertained before judgment is granted in an action against the insurer as nominal defendant, then, despite the limitation period in the Motor Vehicle Act, that owner or driver must be added as a defendant in the action in substitution for the corporation, subject to the conditions the court may specify. [4]           It is the appellant’s position that it was necessary to add Ms. Bradshaw and Mr. Sawicki as defendants but that ICBC should have remained as a defendant in the action. The appellant says that the issue as to the identity of both the driver and owner of the motor vehicle that struck his motorcycle on 24 May 2002 should not have been determined summarily but should be tried conventionally. [5]           I agree with the position of the appellant. There is evidence that Heather Bradshaw was the driver of a vehicle owned by Darryl Sawicki and that the Sawicki vehicle collided with the appellant’s motorcycle. However, this evidence is disputed by the evidence of the appellant. The extent of the conflict in the evidence makes it inappropriate to decide the issue on a summary basis. A conventional trial is necessary to resolve the central conflict in the evidence.

Our MacLean Personal Injury Vancouver Motorcycle Accident Injury Lawyers are focused on maximizing your money award. Get experienced motorcycle accident injury legal advice immediately. You and your family deserve it. Call us to meet for free to discuss your ICBC motorcycle or car accident injury case today at 604 576 5400. We will call you back the same day you call us because we know how important your injury case is.



alterFantastic Law Firm! Right from the very start, I knew I had called the right people.alter