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Can I Make a Claim if my Car Accident Occurs Outside of BC?

diamon December 13, 2019

Car accident what can I claim for? This popular question depends on a number of factors, including where the collision occurred. If your accident happened outside British Columbia, you may be subjected to the laws of the area where the accident happened. But just because you may not be entitled to all the protections of BC, that doesn’t mean you won’t be able to take advantage of certain benefits. That’s why it’s helpful to have a car accident lawyer who can help you determine which laws apply to you and which ones are null and void due to the location of the collision. Whether you’re traveling to the next province or crossing the US border, your claim can become very complicated (especially if it was a major accident). If you want to know more about how your case is likely to proceed, we’ll give you a few facts to keep in mind.

Limitations for out-of-province accidents

Accidents are often judged on a case-by-case basis, even when there are general rules that govern the proceedings. So if you drive into the states from BC, you’re likely to be judged under that state’s laws as opposed to BC regulations. However, this isn’t necessarily bad news — it simply means you can’t make any assumptions about how your claim can be filed. When an accident occurs outside your home province, the biggest barrier to filing is often the time it takes to get all your evidence and paperwork together. If you have to travel long distances or deal with a different set of regulations, you may put off filing and finalizing the claim. If you go outside the statute of limitations for that area, you could miss your chance of compensation entirely.

What happens when both the drivers are from BC?

No matter where the accident occurs, the rules may change if both drivers are from British Columbia. If both of you agree to it, your claim can be tried in a BC courtroom. However, this doesn’t mean that the rules of the jurisdiction don’t still apply, only that both of you won’t have to travel to a different area in order to settle the matter. If you want to have your case tried in British Columbia but the other party does not, you can request a court order that stipulates your accident be settled in a BC court. Having a BC judge try a matter where different rules apply can be tricky because they may only do so much research into foreign law. If you hire the right attorney though, you have someone who will prove to the judge exactly what you deserve.

How to claim no-fault benefits?

No-fault or Part-7 benefits refer to the compensation you can receive even if you were at fault for the accident. This can include medical expenses, death benefits, and even income replacement in the case of disability. A car accident injury claim lawyer is typically the best person to help you apply for these benefits. These forms are not only complicated, they’re also subject to intense scrutiny by everyone who reviews them. Even one mistake on the forms can lead to serious hiccups in your claim. No matter where the accident occurred, we can help you find ways to file for these benefits if they apply to you.

Denial of claims for car accidents occurring outside of BC

If your claim has been denied outside of BC, an attorney for car accident claim can help you appeal. The average insurance claim for a car accident can be substantial, and even a partial denial put a major financial burden on you. We take the time to examine the laws so you can start turning those regulations into advantages for your appeal.

Hire the most experienced lawyers and don’t pay unless we win!

Even the best lawyer isn’t expected to know the laws of every jurisdiction where an accident may occur. However, you can find attorneys who know how to handle car accidents that occur outside of British Columbia. While the exact regulations may vary, the general process stays the same. We’ve taken on some of the most difficult cases both in and out of the province, and you’re the one who benefits from our years of experience.

FAQs

It can be difficult to file a claim even when the accident occurs in BC. Here are a few answers to help you determine how to move forward.

Should I get a lawyer for a car accident that wasn’t my fault?

The question of fault is not necessarily the most important one to ask when an accident occurs. The question becomes what can you prove, and how you can best prove it. An insurance company and (if necessary) a judge is going to need a substantial amount of evidence if there’s any question about what occurred. A lawyer can help you navigate the system, no matter where that system happens to be.

Can I sue for emotional distress from a car accident?

Car accidents do more than cause bodily injury and property damage. If you’re unable to work due to a car accident or your daily routine is severely interrupted, the emotional toll can be substantial. In certain jurisdictions, you may be able to sue for emotional distress after the accident. An attorney for car accident claim can give you more details about how emotional damages are calculated and how your case applies to the law.

How to file an insurance claim for a car accident?

Filing an insurance claim for a car accident typically starts with calling your car insurance carrier and answering their questions. However, if the accident occurs outside of BC, you may also want to contact an attorney immediately. Because your car insurance carrier may know very little about the jurisdiction in which the accident occurred, they may not be able to give you the information you need to make the right decisions. We’ll tell you the most important details of the case, so you can take steps to protect yourself (and your finances).

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