Second: In addition to providing early reporting to ICBC about the Hit and Run incident, you must take steps to determine the identity of the at-fault motorist. Section 24 (5) provides that:
(5) In an action against the corporation as nominal defendant, a judgment against the corporation must not be given unless the court is satisfied that:
(a) all reasonable efforts have been made by the parties to ascertain the identity of the unknown owner and driver or unknown driver, as the case may be, and
(b) the identity of those persons or that person, as the case may be, is not ascertainable.
Recommendations: follow these steps to secure your best chance at a valid Hit and Run ICBC injury claim:
- in and discrete and safe manner, try to follow the other vehicle and record the license plate information and vehicle description (make, model, color and other distinguishing marks);
- notify the police as soon as possible from the accident scene or definitely within hours of the accident;
- try to locate a witness from the scene of the accident;
- notify ICBC as soon as possible or definitely within hours of the accident;
- depending on location, place a sign at the accident scene looking for potential witnesses;
- place an advertisement in the local newspaper looking for witnesses;
- follow-up with the police regarding the investigation for status reports; and
- if the accident occurred nearby to some buildings, find out if there is potential video footage or possible witnesses.