Difference between revisions of "Making a Vehicle Damage Claim"

Many vehicle damage claims are settled without having to visit an ICBC claim centre. If your claim qualifies, you can go directly to a '''[http://www.icbc.com/claims/repair-replace/repair-your-vehicle/Pages/default.aspx c.a.r. VALET repair shop]''' for a vehicle damage estimate, and get the repairs done at the same location (There are more than 400 c.a.r. bodyshops in BC.) ICBC will tell you if your claim qualifies for this service when you report your claim.

If you can’t drive your vehicle after the accident and it has been towed to a storage lot, ICBC will arrange to have it towed directly to a claim centre. In the Greater Vancouver area, it may be towed to ICBC’s Central Estimating Facility first, and then to a body shop for the repairs.

If you vehicle is wrecked, it’s called a write-off or a total loss. You don’t have the choice to get it repaired. 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.

==Do you have to accept the amount ICBC offers?==

No. If you’re not happy with the offer, you can ask the material damage manager at the centre handling your claim to review it.

If you’re still not satisfied, the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/447_83_13 Insurance (Vehicle) Regulation]'' allows you to use arbitration for your dispute. 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. If you want to use arbitration, you must apply within two years after the loss or damage to your vehicle occurred.

==What should you do if you disagree with ICBC’s decision about who is at fault?==

*Ask ICBC to review its decision.

*Sue in court.

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. The ICBC website has more detail on the [http://www.icbc.com/claims/feedback/AppealFault/Pages/Claims-Assessment-Review.aspx CAR program]—it’s not always available.

==What if you sue in court?==

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. ICBC will normally represent the person you are suing. The judge would decide if you win and the amount you receive.  

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 3 crashes within 3 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 3 years, you’ll have to pay an additional fee of $500.

If you cause a small accident, you may choose to pay for any damage to your vehicle and/or the other vehicle yourself to avoid higher insurance premiums. But you should discuss this with the ICBC adjuster for your file, as the increase in your insurance cost may be small if you’re an ICBC Roadstar customer.

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 check script [[Drinking and Driving (Script 190)|190]] on “Drinking and Driving”.

[updated May 2016]