In Slezak v. ICBC, 2003 BCSC 1679, the plaintiff’s vehicle was struck from behind with significant force. The plaintiff was not rendered unconscious and pulled her car off the road in order to exchange information with the drivers of the vehicle which had struck her and the car that she had struck. The driver of a truck that had apparently hit her asked her if she was ok and she replied that she was “fine but in shock”. She did not ask him if he was the person who had hit her because “my mind wasn’t there to ask questions like that, it was still reeling from the fact that I had been in an accident.” She deposed that she was trying to focus on calling 911 and believed that everyone would remain at the scene until the police arrived. She did not think to take down his licence plate number. In those circumstances, the chambers judge concluded that she had taken all reasonable efforts in the circumstances to ascertain the identity of the unknown driver. He noted that “reasonable” is synonymous with “logical, sensible, and fair” and not “absurd, whimsical or unwarranted.”
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