If you got hurt playing a winter sport in British Columbia, it’s important to know the deadlines that could apply to your case if you plan to seek compensation for your injury. There are several time limits to be aware of to reduce the risk of claim disputes, delays, or denials.
Understanding Winter Sports Injury Insurance Claims
To start, it is crucial to understand that an insurance claim and an injury claim are not the same thing. However, they are often related.
Insurance Claims
Filing an insurance claim is usually the first step when pursuing compensation for a winter sports injury. Most insurance companies require prompt notice for an injury to be eligible for coverage. The amount of time you have to provide notice depends on the language written in the applicable insurance policy, but could range from as little as a few days to a month or more. Delayed reporting may give the insurer grounds to deny coverage, especially if the delay impacts their ability to investigate the claim thoroughly.
You are not required to hire a lawyer to file an insurance claim, but consulting one early can help protect your interests. A lawyer may spot potential issues or additional responsible parties that are not immediately obvious.
Personal Injury Claims
While there is no universal time limit to file an insurance claim after a winter sports injury in British Columbia, strict legal deadlines do apply if a claim cannot be resolved and you need to pursue compensation through a personal injury lawsuit.
Under the BC Limitation Act, accident victims generally must start a personal injury lawsuit against an at-fault party within two years of the date the injury is discovered, which is often — but not always — the date of the winter sports accident. However, exceptions apply. An experienced winter sports injury lawyer can help you identify the deadline that applies to your case. If you miss the deadline, you will likely lose your right to sue in BC court.
How Do I Know if I Have a Winter Sports Injury Insurance Claim?
You might be entitled to compensation if someone else caused your injury. For example, malicious or reckless behavior on the part of a fellow athlete could make that person liable for your injuries. Alternatively, a tour or resort operator could be legally responsible if it failed to implement proper safety measures or provide safe facilities. If you aren’t sure who could be liable for your injury, a lawyer can help you identify the liable party(s).
How Do I Seek Compensation?
The process for seeking compensation depends on various factors. Most people start by filing a claim against the relevant insurance policy. While resorts in British Columbia are not required to carry general liability insurance, many do. Tour companies in BC are required to carry liability insurance. Although other sports players likely don’t carry separate liability insurance, some homeowners’ policies provide liability coverage if the insured person harms someone else while away from home.
The key is to identify who is responsible for the injury. If you’re not sure, check with a skilled winter sports injury lawyer. They can investigate your case and send the at-fault party’s insurer a demand letter stating how much money would be required to settle your claim. If the insurer won’t settle, your lawyer may recommend filing a personal injury lawsuit to pursue a favorable outcome.
Factors That Could Change How Long You Have to File a Winter Sports Injury Claim
The two-year filing deadline may not apply in some situations. If the at-fault party is a municipality, you are generally required to give written notice of your injury as soon as reasonably possible and within two months of the incident. Failure to give timely notice can bar a lawsuit unless the court excuses the delay.
The two-year filing limit for lawsuits may be extended in some cases. For instance, if the injured party was a minor at the time of the accident, the time period generally doesn’t begin until they reach 19, though there are exceptions to this rule. A lawyer can advise you about your timeline.
What Happens If You Miss the Deadline?
The primary leverage you have over an insurance company is your ability to file suit against its policyholder. If you attempt to file your lawsuit after the deadline, the court can dismiss your claim without hearing it.
How to Protect Your Claim After a Winter Sports Injury
Contact Warnett Hallen LLP for help with your winter sports injury claim. We offer free initial consultations, where a lawyer can review your situation and explain your legal options. Contact us today to speak with a member of our skilled legal team.
