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Difference between revisions of "Making a Vehicle Damage Claim"

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|align="left"|'''Alert!'''
|align="left"|'''Alert!'''
On May 1, 2021 a law came into effect that changed how ICBC insurance works. A motor vehicle accident that occurs in BC after that date is covered by a new insurance model, called enhanced care. We're currently updating this content to reflect the changes. In the meantime, [https://www.icbc.com/insurance/products-coverage/Pages/basic-insurance.aspx visit ICBC's website for details].
On May 1, 2021 a law came into effect that changed how ICBC insurance works. A motor vehicle accident that occurs in BC after that date is covered by a new insurance model, called '''enhanced care'''. We're currently updating this content to reflect the changes. In the meantime, [https://www.icbc.com/insurance/products-coverage/Pages/basic-insurance.aspx visit ICBC's website for details].
 
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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.
 
# '''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.
#'''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'''. [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 can appoint an arbitrator].
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, [https://adrbc.com/ the 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.
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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, [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.
If ICBC finds you at least 50% at fault in three crashes within three years, and they all result in claims, [https://www.icbc.com/driver-licensing/tickets/Pages/Driver-Risk-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. [[Drinking and Driving (Script 190)|See our information on 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. [https://dialalaw.peopleslawschool.ca/impaired-driving/ See our information on drinking and driving].


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