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Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only.

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Old 09-03-2009, 01:32 PM   #1
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hit and run vs collision claim

Just wondering if a hit and run in a gated, private parking lot is not considered a hit and run at all, but a collision claim? this is what the icbc person told me when i told her my car was hit by another car inside a gated parking lot. She said it's not considered a hit and run because it's a place where the public can't access. Is this true?

I looked around the ICBC site, and it just defined a hit and run as one car hitting your car and you don't have any information on the car who hit you, I couldn't find anything on the location it has to happen in.

This happened in visitor's parking in an apartment, so it could be anyone.
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Old 09-03-2009, 04:11 PM   #2
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You might visit an Autoplan Agent and ask them for ICBC's definition of "Hit & Run." Then you would have a better idea where you stand. After that, there's always lawyer referral...
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Old 09-04-2009, 06:52 AM   #3
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Definition of "highway.

"highway" includes

(a) every highway within the meaning of the Transportation Act,

(b) every road, street, lane or right of way designed or intended for or used by the general public for the passage of vehicles, and

(c) every private place or passageway to which the public, for the purpose of the parking or servicing of vehicles, has access or is invited,

Even if it is gated, if they offer guest or visitor parking or permit service vehicles, then (c) may apply and it could be considered a "highway" for insurance purposes.
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Old 09-06-2009, 09:55 PM   #4
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Quote:
Originally Posted by leelu View Post
Just wondering if a hit and run in a gated, private parking lot is not considered a hit and run at all, but a collision claim? this is what the icbc person told me when i told her my car was hit by another car inside a gated parking lot. She said it's not considered a hit and run because it's a place where the public can't access. Is this true?

I looked around the ICBC site, and it just defined a hit and run as one car hitting your car and you don't have any information on the car who hit you, I couldn't find anything on the location it has to happen in.

This happened in visitor's parking in an apartment, so it could be anyone.
Print out that page, print out the definition of "highway" from BC's Motor Vehicle Act (see zulutango's reply), gather evidence that public has access to that parking lot (eg: how did you get into that lot when it's gated?) and go argue your case. You don't need a lawyer for this as long as you can articulate the argument.

ICBC tried to make me pay deductible 3 times to repair 3 panels and windshield that got damaged by rock chips (a car cut right in front of me and kicked up crapload of rocks) on the way from Kamloops to Vancouver. I was less than pleased already as I had to go meet with the adjuster after a 12-hour shift and he managed to give me nothing but BS. Their argument was that the damage was done in separate incidents. I asked them how are they separate incidents when it happened in the same instance in time on the highway by rocks kicked up from the same car. Then they switched their argument to that it's not fair to repair the panels to 100% when they weren't perfect (due to wear and tear) in the first place. I asked them what if 3 panels of my car were keyed, are you still going to make me pay the deductible three times and are you still going to count them as "separate incidents"? They said "no, but the person will have to pay a betterment fee", I was like "fine, go calculate the betterment fee" which comes up to only around 100 something over the deductible. This took around 1 hour of waiting (for the supervisor to come to work) and 1 hour of arguing with him.

Be cooperative, but take no prisoner when it comes to dealing with claims with ICBC. If the adjuster can't make the call, talk to his/her supervisor. If it doesn't work, then find yourself a lawyer. Don't let their incompetence affect your premium.
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Old 09-06-2009, 11:56 PM   #5
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hit and run you have to pay a deductable. non fault collision claim is free.

so tell him "ok if you want it to be a collision, of which it's not my fault, and not a hit it run, then fix it with no deductable." ...
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Old 09-07-2009, 01:12 AM   #6
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Thanks for all the input guys, just trying to figure this out at the moment. Got kinda confused about the definition of a hit and run that i'd never heard before.
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Old 09-09-2009, 04:24 PM   #7
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hit and run you have to pay a deductable. non fault collision claim is free.

so tell him "ok if you want it to be a collision, of which it's not my fault, and not a hit it run, then fix it with no deductable." ...
I still think its ridiculous that one has to pay a deductible for a hit and run claim... If there is documentation and a police report that should be enough... its more solid than some of the decisions that are made by an ICBC adjuster based on he said she said...
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Old 09-10-2009, 06:37 AM   #8
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Twice I had to pay the deductable for the claim...even though both were accepted as legitimate H & R claims by the attending Member. You have to positively ID the run vehicle and the runner has to know he hit your vehicle. In minor damage claims that is an easy weasel point.
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Old 09-10-2009, 09:53 AM   #9
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Quote:
Originally Posted by yvrnycracer View Post
I still think its ridiculous that one has to pay a deductible for a hit and run claim... If there is documentation and a police report that should be enough... its more solid than some of the decisions that are made by an ICBC adjuster based on he said she said...
Well, ICBC's gotta blame someone, so I guess the person they can chase after is the victim.
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