Difference between revisions of "Making a Vehicle Damage Claim"

This script explains how you make an insurance claim with the Insurance Corporation of British Columbia (“ICBC”) if your vehicle is damaged in an accident. It also explains what happens if you damage another vehicle, and how accidents affect your insurance rates.

Basic vehicle insurance is compulsory. Everyone who owns a motor vehicle in BC must have basic vehicle insurance, called Autoplan, from ICBC. If you cause or are at fault for an accident that damages someone else’s vehicle, Autoplan will pay that other person for the damage. This insurance is called “third-party legal liability” coverage.

You may also buy optional “collision insurance” from ICBC or a private insurance company. It pays for damage to your vehicle – whether or not you were at fault – minus the deductible amount. Your insurance may also pay if your parked vehicle is hit by an unknown driver.

Report the accident to ICBC as soon as you can. In the Lower Mainland, call ICBC’s Dial-A-Claim Centre at 604.520.8222. Elsewhere, call 1.800.910.4222. You can also report the accident online at [http://www.icbc.com www.icbc.com]. If you bought your collision insurance from a private insurance company, report your accident to them too.

Many vehicle damage claims are settled without having to visit an ICBC claim centre. If your claim qualifies, you can go directly to a c.a.r. VALET repair shop for a vehicle damage estimate, and get the repairs done at the same convenient location (There are more than 400 c.a.r. bodyshops in BC. ICBC will let you know if your claim qualifies for this service when you report your claim.

It depends on who caused the accident and whether you have collision insurance. If the accident wasn’t your fault, ICBC may pay the whole repair bill. If you caused the accident, but you have collision insurance with ICBC, you’ll have to pay the deductible, and ICBC will pay the rest. If you don’t have collision insurance and you caused the accident, you will have to pay for your own vehicle damage. If you don’t have collision insurance and ICBC hasn’t decided whether you were at fault, you may have to pay the repair shop, then try to get ICBC to pay you back later, when it decides who caused the accident.

If you vehicle is wrecked, it’s called a write-off or a total loss. If the cost of repairs is more than the current market value of your vehicle, ICBC will calculate the value based on its market value before the accident. The value depends on several things, including your vehicle’s make, model, age, condition, upgrades and similar things. Then, if the other driver was at fault or you have collision coverage, ICBC will pay you that amount. But if you still owe money to a bank (or someone else), and they had registered a lien against your vehicle, ICBC will pay the bank what you owe them and then pay the rest to you.

If you’re still not satisfied, the ''Insurance (Vehicle) Regulation'' allows you to refer your dispute for arbitration. If you and ICBC can’t agree on the choice of an arbitrator, the British Columbia Arbitration and Mediation Institute can appoint an arbitrator. The arbitrator must promptly meet or communicate with both you and ICBC, gather relevant information, and set a date for a decision. The arbitrator’s written decision with full reasons will be sent to you by registered mail. The costs of the arbitration are shared equally between you and ICBC. Note that if you want to submit your dispute for arbitration, you must do so within two years after the loss or damage to your vehicle occurred.

If you don’t think you should have been found fully or partly at fault, you can ask a claim manager to review your case. If you’re still not satisfied, you can apply for a Claims Assessment Review, known as a CAR. You have 60 days after ICBC tells you its decision on who was at fault in the accident to apply for a review, and it will cost you $50. ICBC will refund that money to you if you win the review. See the ICBC website at [http://www.icbc.com/claims/feedback/appealfault/pages/claims-assessment-review.aspx www.icbc.com/claims/feedback/appealfault/pages/claims-assessment-review.aspx] for more detail on the CAR program – it’s not always available.

You can sue the other driver in Small Claims Court, or Supreme Court if your claim is for more than the $25,000 limit in Small Claims Court. You may want to sue for any deductible you had to pay on your collision coverage or, if you had no collision coverage, to recover the cost of your vehicle repairs or the write-off value of your vehicle.

If ICBC decides that you were more than 25% at fault for an accident that results in a claim – either by you or the other driver – ICBC will usually increase your insurance premium the next year. If you have another claim, the increase will be even greater. Also, if ICBC finds you at least 50% at fault in three crashes within three years, and they all result in claims, you’ll have to pay an additional “multiple crash premium” of $1,000. And for each additional at-fault crash within the three years, you’ll have to pay an additional fee of $500.

If you have a complaint about how ICBC handles your claim, you can contact their Customer Relations department at 604.982.6210 in the Lower Mainland or toll-free 1.800.445.9981 elsewhere. A Customer Relations Advisor will help you. If this doesn’t work and you still feel you haven’t been treated fairly, you may be eligible to proceed to the Fairness Commissioner.

If you were drinking and driving or under the influence of drugs when you had your accident, or you’re convicted of a ''Criminal Code'' offence related to motor vehicles, you’ll have problems claiming insurance because you may have broken the rules of your insurance contract. If you’re charged with any criminal offence relating to a vehicle accident, you should consult a lawyer. If you have any questions about your insurance, ask the adjuster or your lawyer. Also refer to script [[Drinking and Driving (Script 190)|190]] on “Drinking and Driving”.

*See the ICBC website at [http://www.icbc.com www.icbc.com].  

*If you’ve been injured in an accident, refer to scripts [[Insurance Benefits and Compensation for Accident Victims (Script 185)|185]] on “Insurance Benefits and Compensation for Accident Victims” and [[Making a Personal Injury Claim (Script 188)|188]] on “Making a Personal Injury Claim”.

[updated June 2014]