How does icbc determine fault

Your ICBC adjuster has 30 days to make a determination as to fault in the accident.

If the police do not decide who is at fault, or the insurance company disagrees, your insurance adjuster will investigate the accident and use the details to determine fault. The insurance company will use photos, maps, witness statements, medical records, and special algorithms to calculate fault.

ICBC investigations include interviewing co-workers or neighbours and video surveillance. It also now includes a cyber-investigation. Social media and the internet have provided ICBC with another way of investigating claims.

Actual damages: The amount of an ICBC settlement will depend on the monetary value of your actual losses. The damages you seek in your tort claim must be an accurate reflection of the costs and non-pecuniary damages you have suffered.

How police determine responsibility for an accident is simple. They talk to both parties involved to get their stories. They talk to witnesses, and they assess the damage to each car. They use the location of each car and the damage caused and weigh it with the stories they’re told to determine fault.

The police report may list their names, but you can also try to collect their contact information at the accident scene. Eyewitness accounts can prove valuable in piecing together who-hit-who in a car accident. The sooner you speak with a witness and record their recollections the better, because memories can fade.

Breakdown of an average claim

The average claim paid for a minor injury is approximately $30,000, which breaks down as follows: • $16,500 for pain and suffering. $7,500 for additional wage loss and medical care. The limit does not apply to this category. Approximately $6,000 to legal costs, including expert reports.

The big deadline for most ICBC claims is two years after the accident. This is the BC limitation date for a tort claim (i.e. the claim against the other driver). If your accident occurred outside BC, then a different set of deadlines may apply and you should consult a lawyer as soon as possible.

Minor injury and your compensation

The limit to pain and suffering payouts for minor injuries from a crash that happened between April 1, 2019 and March 31, 2020, is $5,500. For a crash that happened betwe​en April 1, 2020, and March 31, 2021, a limit of $5,627 will apply.

Generally speaking lawsuits are commenced with the understanding that the claim might ultimately go to trial for adjudication. Statistically however, the vast majority of lawsuits are settled before trial.

If a concussion or mental health problem persists after four months, it could be considered a major injury.

Yes, ICBC can sue you in some cases. For example, if you drink and drive or text and drive and cause an accident that injures a person, that person may sue you. ICBC can pay the injured person and then demand you pay it back. The various situations in which ICBC can collect that money from you are quite complex.

Less than 1 per cent to trial

ICBC says last year, 99.4 per cent of all accident claims were settled without going to trial. Spokesperson Brent Shearer says only 0.6 per cent of cases actually went before a judge.

You are under no obligation to accept any offer that ICBC makes. While you may be in a hurry to settle, it is worth the wait to negotiate the maximum amount of compensation you are entitled to receive for your claim.

ICBC claims are settled on a case-by-case basis. There is no universal formula that is applied to all claims. That means that even cases with similar facts may settle for very different amounts. However, there are some factors that ICBC always takes into account before making a settlement offer.

Mediation can be a great option for resolving your ICBC claim. The goal of mediation is to bring the parties together—including an ICBC representative—to discuss the issues and try to reach settlement, with the guidance of a neutral mediator.

A tort claim is a claim for expenses not paid by ICBC as No Fault Benefits but that arise as a result of the injuries you have sustained in the motor vehicle accident, the wage loss or loss of opportunity to earn income either in the past or in the future due to your injuries, and an amount for pain and suffering.

Compensation is offered, where eligible, to those who have been in a crash and, as a result, sustained injuries and, if applicable, lost wages. Your claim representative will discuss the compensation amount with you, based on factors such as: The extent or severity of your injuries.