Legal Ease: When child is injured in car accident, special rules apply

It can be terrifying when your child has been injured in a car accident.

It can be terrifying when your child has been injured in a car accident.  You are concerned about his or her well-being and may be unsure of how to deal with ICBC because, as you may suspect, special rules apply to anyone under the age of 19 (a “minor”).

Although ICBC must be notified of the accident promptly, there is no obligation for your child to have a face-to-face meeting with ICBC. There is a duty to provide ICBC with a brief written statement, but that can be prepared and sent to them, assuming the child is old enough to provide one.

The usual two-year time limit for starting a lawsuit does not begin until the child’s 19th birthday. However, not all limitation periods are postponed because of age, so it is important to obtain legal advice soon after the collision to determine what applies in your child’s particular situation. Sometimes you have as little as 30 days to take the first legal step.

In order to start a lawsuit on behalf of a minor, an adult must be appointed as litigation guardian. This adult is responsible for instructing the lawyer and making decision on behalf of the child.

The litigation guardian is often a parent, but cannot be someone named as a defendant in the lawsuit. For example, if the child’s parent was driving and is being blamed for the accident, that parent would be named as a defendant in the lawsuit, and therefore unable to act as the litigation guardian. In that case, another family member or friend would need to be appointed to the role.

As you can see, there are special considerations when it comes to minors. A personal injury lawyer will be able to advise of your (and your child’s) rights and responsibilities.

Kim Briscoe is a personal injury lawyer with the law firm of Waterstone Law Group LLP.  She can be reached by email at kim@waterstonelaw.com

Just Posted

Mt. Hicks fire 15% contained, continues to burn north of Agassiz

The fire, suspected to be caused by a vehicle with a flat tire, not threatening any structures

UPDATE: Anonymous tip leads DFO night patrol to Fraser River poachers

Charges pending after poachers arrested at night while fishing, 48 sockeye, harbour seal seized

Wildfire update: Fires burning in Fraser Canyon, Highway 7 and Skagit Valley

Several fires in the region are under ‘modified response’ meaning no firefighters are attending

B.C. declares state of emergency as more than 560 wildfires rage

This is only the fourth state of emergency ever issued during a fire season

Chilliwack is home to Sasquatch, the first Canadian-designed hops plant

Created by Hops Connect, the Sasquatch hop is the country’s first patented hops plant

B.C. wildfires 2018: Hazy skies impacting crews in spotting new fires

18,000 people are on an evacuation alert, with 3,000 homes under an evacuation order

Minister optimistic after 2 days of Columbia River Treaty negotiations

Canadian and U.S. officials met in Nelson Wednesday and Thursday to discuss future of the treaty

Man dies in B.C. police cell while awaiting court hearing

An independent investigation is underway after a man died while in Penticton police custody Aug. 16

RCMP appeal for tips, dashcam footage in German tourist shooting west of Calgary

The Durango crashed into the ditch after the shooting near the Goodstoney Rodeo Centre

2 nurses attacked at B.C. psych hospital, union calls for in-unit security

PHSA says that in-unit guards would do more harm than good

Former B.C. optician won’t be jailed for sexually assaulting minor

Kenneth Pilkington sentenced to 24 months’ probation for offence three decades ago

Police responding to ‘unfolding’ incident in Maple Ridge suburb

Helicopter, dog team, guns drawn and 16 police vehicles at Maple Ridge property

Red Cross now accepting donations for those impacted by B.C. wildfires

The Canadian Red Cross is asking for help now and in the weeks and months ahead.

1954-built trolleybus hits Vancouver roads for 70th anniversary

TransLink to offer free rides on a retrofitted electric trolley bus to commemorate anniversary

Most Read