If you are the registered owner of a vehicle & the insurance is also in your name & the driver of your vehicle causes an

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Customer: If you are the registered owner of a vehicle & the insurance is also in your name & the driver of your vehicle causes an accident & a civil suit is against you for personal injury does ICBC assign you a lawyer?
JA: What province are you in? It matters because laws vary by location.
Customer: British Columbia
JA: What steps have you taken so far?
Customer: NONE...this inquiry is regarding my son who is on a disabity & has never been able to drive due to sever epilepsy so it is his wife who is the driver. In speaking with my son it appears she is evading the whole issue. My son definitely has some cognitive issues due to a life time of head trauma so his wife handles everything. She is not forth coming with information & the one question I keep asking is was their ICBC insurance valid at the time of the accident & I do not get an answer from her & my son does not know. I ask this question because I don't understand why they have not contacted ICBC right away!
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: She has been unemployed for the past two years & my son gets disability for income. They were recently evicted from there rental in Chilliwack & are now living in an unit in Kent, BC paid by her mother & I have recently contributed as well. Her mother gave them numbers to call for legal aid & I just spoke with my son & his interpretation was the government only helps with immigration issues etc. Good grief this direction is way off base & that is why I have contacted you.
Answered by ToLawyer in 9 mins 1 year ago
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ToLawyer
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ToLawyer
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ToLawyer
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ToLawyer, Expert

Welcome and thank you for choosing Just Answer! My name is***** am a lawyer in Canada and would be happy to assist you. I am sorry to hear about your legal troubles.

Please note that while I am a lawyer, I am unable to provide you with legal advice on this website and I can provide you with legal information only. We always recommend seeking professional representation with a licenced lawyer or paralegal in your province.

Finally, please be advised that I am working from my computer and may not always be available immediately. Rest assured, I will get to your response as fast as I am able.

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ToLawyer, Expert

That depends, ICBC would assign you a lawyer at first to make a determination as to whether the insured acted in a grossly neglient manner or in any other way that would remove him from insurance coverage.

For example, knowingly giving the vehicle to his wife to drive, without also insuring the wife, would be sufficient to deny coverage.

Customer
I do not know if his wife was also insured but I do believe that my son said she was the only designated driver so at this moment I am going to 'assume'...the civil suit is in both of their names. According to the driver they were able to drive their vehicle home, no police were involved & no ambulance came. The accident took place on a two lane 'round-about' & the driver crossed over into the other lane & hit the passenger side of the vehicle & the passenger has brought the civil suit against them. This accident in March of 2019. As the driver is not forth coming with information & answers to questions I have asked...how would the other party have obtained all the negative details about the condition of the vehicle that is in my sons name etc. Since they have nothing what comes of this civil suit? what is the consequence to my son?
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ToLawyer, Expert

There can be a judgement against him, which will stand on his assets - homes, vehicles, bank accounts, wages etc.

Customer
He lives on a disability pension as he suffers from epilepsy & has had a lot of head trauma & his cognitive abilities are a bit compromised so there is no home, no vehicle of any worth, no bank account with large amounts of money & no wages so what happens then
Customer
what happens if a person has no assets ?
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ToLawyer, Expert

That depends, they might force the individual to go into bankrupcy. It is dependent on the creditor and how they want to act.

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ToLawyer, Expert

Please let me know if I can assist you further.

Customer
How do you go bankrupt if you own nothing?
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ToLawyer, Expert

Bankruptcy forces a declaration of all assets by affidavit, so the person is bound by it. Sometimes creditors dont just take your word for it.

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