Who says you are liable for an accident?
When you are involved in a motor vehicle accident, ICBC makes an internal determination about who is at-fault for the accident.
While ICBC’s decisions-making process is guided by the legal jurisprudence on liability and the Motor Vehicle Act, their decision is not legally binding. Only a court or the Civil Resolution Tribunal can make a legally binding decision on liability. This means that if you disagree with ICBC’s decision, you have the option to challenge it in court or the tribunal.
What if you are found at-fault for the accident?
ICBC will only make liability determinations in quartiles. That is, ICBC will assess fault at: 0%, 25%, 50%, 75%, or 100%. Conversely, a court or tribunal has the discretion to apportion liability within the entire percentile spectrum – that is, any percent that falls in 0-100%.
For ICBC, if you are found more than 25% at-fault, it will impact your driver factor and your premiums next year. This means you will be paying more for your insurance moving forward. This can have a significant impact on what you pay year-over-year, especially if you are a new driver, have a poor accident claims history, and/or have fleet vehicles. It’s important to note that ICBC’s liability determination can be appealed, but this is a complex process that requires legal expertise.
Are you being investigated by ICBC? Give us a call at 604-370-3050. We’d be happy to look at your case.
What happens if you disagree with ICBC’s liability finding?
If you are not satisfied with ICBC’s liability decision, we can help you with that.
We deal with a lot of driving cases, particularly those that involve the Motor Vehicle Act. Our lawyers can help you assess the facts, the law, and the circumstances to dispute ICBC’s liability decision, whether internally or externally with the courts or the tribunal. We have extensive experience in dealing with driving cases, particularly those that involve the Motor Vehicle Act, and can provide you with the guidance and representation you need to challenge ICBC’s determination of fault.
- Learn More: ICBC Accident Reporting
- Learn More: ICBC Contract Breach