Difference between revisions of "Making a Vehicle Damage Claim"

If your car is damaged in an accident — or you damage someone else’s car — insurance may cover the damage. Learn the steps to make a vehicle damage claim.  

==Understand your legal rights==

===Basic vehicle insurance is mandatory in BC===

Everyone who owns a motor vehicle in BC must have basic vehicle insurance from the Insurance Corporation of British Columbia (ICBC), called '''Basic Autoplan'''.

 

 

 

===Who pays for the repairs to your vehicle===

 

 

 

If you don’t have collision insurance and you caused the accident, you will have to pay to repair your own vehicle. And you will have to pay any towing and storage charges.

 

 

If your vehicle is wrecked, it’s called a '''write-off''' or a total loss. This means the cost of repairs is more than the current market value of your vehicle. You don’t have the choice to get it repaired.

 

ICBC will calculate the market value of your vehicle based on its condition before the accident. The value depends on several things, including your vehicle’s make, model, age, mileage, condition and options.

 

 

==Deal with the problem==

 

===Step 1. Report the accident===

Report an 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 [https://www.icbc.com/claims/report-view/Pages/Report-a-claim-online.aspx report a claim online].

If you bought your collision insurance from a private insurance company, report your accident to them too.

===Step 2. Get the vehicle damage assessed===

Many vehicle damage claims are settled without going to an ICBC claim centre. If your claim qualifies, you can go directly to a [http://www.icbc.com/claims/repair-replace/Pages/Getting-a-damage-estimate.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.

Other times, Dial-A-Claim may give you an appointment to take it to the nearest ICBC claim centre, where an estimator will look at it. They fill in a form listing the repairs needed. Then you take your vehicle, with the estimator’s form, to a repair shop you choose.

If you can’t drive your vehicle after the accident and it has been towed to a storage lot, ICBC will 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.

===Step 3. Consider ICBC’s decision and offer===

An ICBC adjuster will investigate the accident. They will make a decision about who caused it. Often, you may not actually meet the adjuster and, instead, may deal with them by phone.

ICBC will give you its decision about who is at fault for the accident. They may offer you money to settle or resolve your vehicle damage claim.

If you’re not happy with ICBC’s decision on fault or the amount they offer to settle your claim, you have options:

#'''Ask a manager to review your claim'''. You can ask a manager at the centre handling your claim to review your case.  

#'''Apply for a “claims assessment review”'''. You can apply for a [http://www.icbc.com/claims/feedback/AppealFault/Pages/Claims-Assessment-Review.aspx claims assessment review], known as a CAR. You have 60 days after ICBC tells you its decision to apply for a review. 

#'''Appeal using ICBC’s internal appeal process'''. You can [http://www.icbc.com/claims/feedback/Pages/default.aspx appeal] ICBC’s decisions to [http://www.icbc.com/claims/feedback/Pages/Appeal-a-denied-claim.aspx deny your claim] and its decisions on [http://www.icbc.com/claims/feedback/Pages/Your-settlement-offer.aspx how much to offer you], [http://www.icbc.com/claims/feedback/AppealFault/Pages/default.aspx who is at fault], and [http://www.icbc.com/claims/feedback/Pages/Appeal-how-you-were-treated.aspx how to handle your claim].

===Step 4. Use arbitration for your dispute===

If you’re still not satisfied, the [https://www.canlii.org/en/bc/laws/regu/bc-reg-447-83/latest/bc-reg-447-83.html#sec177_smooth Insurance (Vehicle) Regulation] lets you use arbitration for your dispute. If you want to use arbitration, you must apply within two years after the loss or damage to your vehicle occurred. If you and ICBC can’t agree on the choice of an arbitrator, the [https://adrbc.com/ ADR Institute of BC] 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.  

===Step 5. Bring a legal action===

If you remain unsatisfied with ICBC’s decisions, you can sue the other driver involved in the accident.  

You may decide to sue for any deductible you had to pay on your collision coverage. Or, if you had no collision coverage, you may sue for the cost of your vehicle repairs or the write-off value of your vehicle.  

Where you sue depends on much you sue for. The [https://civilresolutionbc.ca/ Civil Resolution Tribunal] is for claims of $5,000 and less, [http://www.smallclaimsbc.ca/ Small Claims Court] is for claims over $5,000 and up to $35,000. [http://www.courts.gov.bc.ca/supreme_court/ Supreme Court] is for claims over $35,000.  

==Common questions==

 

 

===Can I pay for the damage myself without involving ICBC?===

===Will my insurance cover me if I was drinking and driving?===

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 violated your insurance contract. If you’re charged with any criminal offence relating to a vehicle accident, you should consult a lawyer. See our information on [[Drinking and Driving (Script 190)|drinking and driving (no. 190)]].

===What if I have a complaint with ICBC?===

If you have a complaint about how ICBC handles your claim, contact its 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 you still feel you haven’t been treated fairly, you can make use of ICBC’s [https://www.icbc.com/about-icbc/contact-us/Pages/Raising-your-complaints.aspx fairness process].

'''The above was last reviewed for legal accuracy by Janet Mackinnon, ICBC.'''