The phrase "inevitable accident" is sometimes used as a defence to deny paying out a claim for compensation. You may have heard stories about ICBC saying an auto accident was inevitable and therefore the claim is denied.
Generally speaking, the inevitable accident defence hinges on categorizing a crash as unanticipated and unvoidable. For example, this defence may arise when an auto accident is caused by:
- Inclement weather
- Ice on the road
- Snow-covered roads
- Wet roads
- A driver losing consciousness or experiencing an emergency health event behind the wheel
If the defence of inevitable accident has arisen in respect of your compensation claim, we urge you to call our lawyers. We have been handling ICBC accident claims for many years. We know what to look for and how to handle common obstacles in the path to getting fully compensated.
While a defence of inevitability is sometimes legitimate and effective, it must be proven. If a driver claims a rear-end accident was unavoidable because of black ice, was that driver aware of the icy conditions? Can the driver show that he or she was traveling at a safe speed for the road conditions? If someone was excessively speeding, slid on ice and then hit you, it may be difficult for that driver to claim that only the road conditions caused the accident. So, when these defences arise, the question is whether the factors leading to the crash were truly beyond the driver's control.
Are you wondering if your car accident claim may be affected in some way by an inevitable accident defence? If you live in Vancouver BC or any of the surrounding areas, please call Stephens & Holman to discuss the details of your claim for free, at 604-730-4120. We have the ICBC claim experience to determine the most effective way to pursue maximum compensation for you.