Can I recover compensation if I do not know how the collision happened?

  • Yes, in some cases
  • The judge must look at the direct and circumstantial evidence. If it is more likely than not that the defendant was negligent, then the defendant must present evidence negating negligence.
  • The judge must weigh all the evidence in deciding whether the other party was negligent

In McKenzie v. Mills the car was found upside down in a ditch, after having crossed the oncoming lane in snowy condition.  The driver was drunk and was given a 24 hour suspension.  The passenger did not recall how the accident had happened, and the driver gave no evidence.  ICBC argued that the plaintiff had failed to prove that the single-car accident had occurred as a result of the driver’s negligence.

The judge decided that the accident was caused by the driver’s negligence.  The driver was intoxicated at the scene and it was reasonable to infer she was driving while drunk.  She had provided no explanation on how the collision occurred without her negligence and so failed to refute the case of negligence against her.

You may be entitled to compensation even if you do not know all the facts.  We can help.  Contact us.

Read the case:  McKenzie v. Mills