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Difference between revisions of "Making a Vehicle Damage Claim"
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Making a Vehicle Damage Claim (view source)
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{{REVIEWEDPLS | reviewer = Janet Mackinnon and Krista Prockiw of ICBC |date= February 2019}} {{Dial-A-Law TOC|expanded = cars}} | {{REVIEWEDPLS | reviewer = Janet Mackinnon and Krista Prockiw of ICBC |date= February 2019}} {{Dial-A-Law TOC|expanded = cars}} | ||
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'''. | 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'''. | ||
== | ==What you should know== | ||
===Basic vehicle insurance is mandatory in BC=== | ===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'''. | Everyone who owns a motor vehicle in BC must have basic vehicle insurance from the Insurance Corporation of British Columbia (ICBC), called '''Basic Autoplan'''. | ||
The Basic Autoplan coverage includes '''third party liability coverage'''. This means if you are at fault for an accident that damages someone else’s vehicle, your insurance will pay that other person for their damage (up to the limit of your insurance). | The Basic Autoplan coverage includes '''third party liability coverage'''. This means if you are at fault for an accident that damages someone else’s vehicle, your insurance will pay that other person for their damage (up to the limit of your insurance). | ||
[https://www.icbc.com/insurance/Pages/Default.aspx You may also buy optional collision insurance from ICBC] or a private insurance company. Collision insurance pays for damage to '''your''' vehicle — whether or not you were at fault — minus a deductible amount. | [https://www.icbc.com/insurance/Pages/Default.aspx You may also buy optional collision insurance from ICBC] or a private insurance company. Collision insurance pays for damage to '''your''' vehicle — whether or not you were at fault — minus a deductible amount. | ||
Your insurance may also pay if your parked vehicle is hit by an unknown driver. | Your insurance may also pay if your parked vehicle is hit by an unknown driver. | ||
===Who pays for the repairs to your vehicle=== | ===Who pays for the repairs to your vehicle=== | ||
When your vehicle is damaged, who pays for the repairs depends on who caused the accident and whether you have collision insurance. | When your vehicle is damaged, who pays for the repairs 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 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 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 to repair your own vehicle. And you will have to pay any towing and storage charges. | 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 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 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 the vehicle is too badly damaged to repair=== | ===If the vehicle is too badly damaged to repair=== | ||
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. | 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. | 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. | ||
If your vehicle is a write-off and the other driver was at fault or you have collision coverage, ICBC will pay you the current market value of your vehicle. 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 your vehicle is a write-off and the other driver was at fault or you have collision coverage, ICBC will pay you the current market value of your vehicle. 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. | ||
== | ==Work out the problem== | ||
===Step 1. Report the accident=== | ===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. | 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. [https://www.icbc.com/claims/report-view/Pages/Report-a-claim-online.aspx You can also report a claim online]. | ||
If you bought your collision insurance from a private insurance company, report your accident to them too. | If you bought your collision insurance from a private insurance company, report your accident to them too. | ||
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===Step 2. Get the vehicle damage assessed=== | ===Step 2. Get the vehicle damage assessed=== | ||
Many vehicle damage claims are settled without going to an ICBC claim centre. If your claim qualifies, | Many vehicle damage claims are settled without going to an ICBC claim centre. If your claim qualifies, [https://www.icbc.com/claims/repair-replace/Pages/Getting-a-damage-estimate.aspx 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 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. | 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. | ||
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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. | 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. | 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: | 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. | # '''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 | # '''Apply for a claims assessment review'''. [https://www.icbc.com/claims/disputes-appeals/Pages/responsibility-assessment-disputes.aspx You can apply for a claims assessment review], known as a CAR. You have 60 days after ICBC tells you its decision to apply for a review. | ||
===Step 4. Use arbitration for your dispute=== | ===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 | 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 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. | 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=== | ===Step 5. Bring a legal action=== | ||
If you remain unsatisfied with ICBC’s decisions, you can sue the other driver involved in the accident. | 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. | 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. | Where you sue depends on much you sue for. For a claim of $5,000 or less, [https://civilresolutionbc.ca/ you can bring your claim to the Civil Resolution Tribunal]. For a claim over $5,000 and up to $35,000, [http://www.smallclaimsbc.ca/ you can go to Small Claims Court. Supreme Court is for claims over $35,000]. | ||
{| class="wikitable" | {| class="wikitable" | ||
|align="left"|'''Tip''' | |align="left"|'''Tip''' | ||
For | For motor vehicle accidents taking place in BC after April 1, 2019, injury claims up to $50,000 must be brought to the Civil Resolution Tribunal. However, vehicle damage claims brought to the tribunal are capped at $5,000. | ||
|} | |} | ||
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===Will my insurance premiums go up?=== | ===Will my insurance premiums go up?=== | ||
If ICBC finds you were more than 25% at fault for an accident that results in a claim — 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. | If ICBC finds you were more than 25% at fault for an accident that results in a claim — 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. | ||
If ICBC finds you at least 50% at fault in three crashes within three years, and they all result in claims, | If ICBC finds you at least 50% at fault in three crashes within three years, and they all result in claims, [http://www.icbc.com/driver-licensing/tickets/Pages/Multiple-crash-premium.aspx 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 another $500. | ||
===Can I pay for the damage myself without involving ICBC?=== | ===Can I pay for the damage myself without involving ICBC?=== | ||
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===Will my insurance cover me if I was drinking and driving?=== | ===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. | 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. [[Drinking and Driving (Script 190)|See our information on drinking and driving]]. | ||
===What if I have a complaint with ICBC?=== | ===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, | 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, [https://www.icbc.com/about-icbc/contact-us/Pages/Raising-your-complaints.aspx you can make use of ICBC’s fairness process]. | ||
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