April 10, 2013

Murphy Battista

When pursuing an insurance claim, it is important to stay aware of any deadlines that could seriously hamper your ability to receive fair compensation. At times, these deadlines can be difficult for an injured party to navigate. This is particularly true in cases where a child has been injured in a car accident.

For instance, many people are unaware that children injured in car accidents are given a much wider berth than adults when pursuing claims against a negligent driver. This is due to the understanding that minors are not legally competent to handle their affairs at the time of their injury. As a result, the regular 2-year limitation that affects most adults injured in car accidents is often waived in cases where the injured party is a child. Instead, children injured in car accidents are allowed to pursue a claim against a negligent driver at anytime prior to their 21st birthday (unless a notice is delivered requiring them to pursue the claim at an earlier date).

However, it’s important to note that the above rule does not apply to claims that children pursue against ICBC for failing to pay accident benefits. In cases where accident benefits have not been paid, the two-year deadline comes into effect. Claims of this type must be brought within two years of the accident or two years from the date a benefit is last paid, whichever is greater.

Unfortunately, many parents are unaware of the different deadlines that exist for these types of claims. Consequently, many children end up losing their right to contest unpaid benefits.

If you are facing the prospect of having to make a substantial insurance claim, call Murphy Battista LLP and ask to speak to one of our insurance claim lawyers. We can help.



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