Diamond & Diamond™

Can I File an ICBC Claim Even If I Am at Fault in An Accident?

Publish on : May 8, 2017 by Diamond and Diamond Lawyers

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When you know that you were at fault for a motor vehicle accident in British Columbia, there is no doubt that you are concerned about the potential consequences. Whether it’s paying a fine or being cited for the accident, you probably are concerned about whether you are eligible to file an ICBC claim for your damages.

There are many different unknowns after a crash occurs and consulting with a knowledgeable British Columbia personal injury lawyer can help you navigate this process successfully. Even in the event that you are found at-fault, partially or completely, for the car accident, you are still eligible to file a damage claim through ICBC. Every person in British Columbia who owns and operates a vehicle is required to maintain basic auto-plan insurance coverage. The automatic benefits for this coverage benefit drivers in many ways.

Almost anyone in British Columbia who is injured in a motor vehicle crash can recover accident benefits, no matter who is at fault. This coverage is provided for members of your household, you as an individual as well as passengers inside the vehicle. This coverage will assist you with the payment associated with lost wages, medical expenses and much more.

Basics of Crash Benefits with ICBC

A total of $150,000 in medical and rehabilitation costs are available to you through your accident benefits. If you have purchased collision coverage or any other additional insurance protection, you may be able to recover additional compensation for damage to the vehicle. In some situations, you might not be fully at fault.

How Fault Factors in to an Accident Claim

It is critical to understand what happens with your ICBC claim if fault is shared between two or more drivers. You will be responsible for paying your part of the deductible as your ICBC claim dictates. You may still be eligible to recover the benefit types listed above, however, even in this situation. If the other driver is found at least partly at fault for the accident, that individual’s insurance coverage may help to assist with use of a rental car and other vehicle repair cost.

While you’ll be eligible to recover benefits under your own insurance policy, you may still have an increase in your insurance premium cost, if you are found to be at fault for the crash. Insurance claims adjustors at ICBC do an investigation immediately after the accident happens to determine who is at fault. They may collect statements from the other person involved in the accident as well as you and from any eye witnesses or passengers inside the vehicles. The police accident report, evidence from the crash scene and talking with the estimator can all help to illuminate an ICBC claims adjustor about who is at fault for the accident. The case precedent will also help any claims adjustor to make determinations about fault and to decide who will be responsible for the accident.

What Happens if You’re Being Unfairly Blamed for the Accident?

If you are being blamed for an accident, but do not believe that you were at fault for it, you have the right to request a review of fault. You can file an appeal through the court system or ask for a claims assessment review, but it is strongly suggested to have an experienced personal injury lawyer to help you with this entire process as it can be confusing and overwhelming for someone who is already suffering the consequences of an unexpected vehicle accident. Your lawyer can help you handle this situation so you know what to expect.


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