Supreme Court decides in favor of designated driver

For the past decade, a woman has been fighting in court after she was seriously injured in a motor vehicle accident. Even though an original lawsuit resulted in her being awarded with over $800,000, the woman never received the award because the Insurance Corporation of British Columbia has continuously fought the award through the appeals process.

According to reports, the ICBC questioned the woman's rights to damages because of the circumstances of the accident. The accident reportedly occurred when the woman was acting as a designated driver for her boyfriend. At the time, he was drunk and he reportedly grabbed the wheel of the vehicle as they were moving.

His actions resulted in the car flipping over. He died in the accident and the woman was seriously injured.

Since the original lawsuit was filed and won, the case has made headlines repeatedly through the years as the ICBC sought to have the decision overturned. Many government officials promised to intervene on behalf of the woman, but nothing much came of those promises, say reports.

Finally, in a recent decision, the Supreme Court of Canada upheld the original decision and has ruled in favor of the woman. According to one statement, the ICBC only has to make the payment as required by the courts now.

This case is important because it sets a strong precedent for designated drivers who are injured in an accident -- even if that accident is caused by someone in their vehicle. If you are fighting for damages following an accident, then working with an experienced professional can help you understand all your options and how to seek payment through the courts.

Source: Global News, "BC designated driver injured in crash wins 10-year battle against ICBC," Amy Judd, April 22, 2016

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