Difference between revisions of "Making a Vehicle Damage Claim"

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{{Dial-A-Law Blurb}}
{{REVIEWEDPLS | reviewer = [https://www.icbc.com/ Krista Prockiw] of ICBC |date= February 2024}} {{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 answers to common questions relating '''vehicle damage claims'''.


{{Dial-A-Law TOC|expanded = autos}}
==Common questions==
This script explains how you make an insurance claim with the Insurance Corporation of British Columbia (called '''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.
===Will insurance cover repair costs to my vehicle?===
It depends on who caused the accident.


==Is vehicle insurance compulsory in BC?==
Everyone who owns a motor vehicle in BC must have basic insurance from ICBC, called '''basic Autoplan'''.  
[http://www.icbc.com/autoplan/basic/Pages/Default.aspx 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 [http://www.icbc.com/autoplan/optional/Pages/Default.aspx 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.
If ICBC finds the other driver was 100% at fault for the accident, your basic insurance will cover the cost of repairs to your vehicle.


==What should you do if you’re in a vehicle accident?==
If ICBC finds you were 100% at fault for the accident, '''collision insurance''' can cover the cost of repairs to your vehicle. This is optional insurance coverage. If you don’t have it, you’ll typically be on the hook for the cost of repairs.  
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 [http://www.icbc.com/driver-licensing/tickets/Pages/default.aspx online]. If you bought your collision insurance from a private insurance company, report your accident to them too.


==Should you call the police?==
If you and the other driver share responsibility for the accident, your basic insurance will cover the non-responsible portion of your repair costs, up to $200,000. For a closer look, see [https://www.peopleslawschool.ca/vehicle-damage-claim/ the People’s Law School’s in-depth guidance on making a vehicle damage claim.].
If someone was injured in the accident or the damage is likely to be $2,000 or more, you must report the accident to the police.


==Who will assess the vehicle damage?==
===If I was at fault, will my insurance premiums go up?===
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 ICBC finds you were more than 25% at fault for an accident that results in a claim — by you or the other driver — they will usually increase your insurance premium the next year. The costs for any optional insurance you have (for example, collision coverage) may go up as well. Generally, the more accidents you’re responsible for, the more you’ll pay in insurance.


Other times, even if you can still drive your vehicle, Dial-A-Claim may give you an appointment to take it to the nearest 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.
You can [https://www.icbc.com/insurance/buy-renew-cancel/prepare-an-estimate use this tool] to get an estimate of how your insurance premiums may be impacted by an accident. Note that you need to be within six weeks of your insurance renewal for the estimate to be accurate.


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.
===Can I pay for the damage myself without involving ICBC?===
If you cause a small accident, you can pay for any damage to your vehicle and the other vehicle yourself to avoid higher insurance premiums. However, it’s a good idea to discuss this with a claims representative before deciding. Depending on your insurance coverage, the impact on your premiums may be small.


==Who decides who caused an accident?==
===What are my options if my car is unrepairable?===
An ICBC adjuster decides who was at fault after reviewing the details of the accident. Often, you may not actually meet the adjuster and, instead, may deal with them by phone.
If your car is too badly damaged to repair (ICBC calls this a '''total loss'''), they will pay you an amount based on the value of your car at the time of the crash. A vehicle is considered unrepairable if the repairs would cost more than its estimated value at the time of the accident.


==Who pays for the repairs?==
If you disagree with ICBC’s assessment, you can dispute it. [https://www.icbc.com/claims/disputes-appeals/Vehicle-valuation-disputes ICBC explains the steps to dispute a valuation].
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 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.


==What happens if your vehicle is too badly damaged to repair?==
===Can I get my car repaired outside of British Columbia?===
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.
Before authorizing any repairs outside of the province, contact ICBC at 1-800-910-4222. Ask the claims representative if your vehicle can be repaired where you are, or if it needs to be brought back to BC.  


==Do you have to accept the amount ICBC offers?==
Some garages outside of BC may not accept payment directly from ICBC. You may have to pay for the repairs out of pocket and apply for reimbursement when you get home. Keep a copy of the repair bill and any invoices for parts and material.  
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/LOC/complete/statreg/-- I --/25_Insurance (Vehicle) Act %5bRSBC 1996%5d c. 231/05_Regulations/10_447_83-Insurance (Vehicle) Regulation/447_83_13.xml#section177 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 if I have a complaint with ICBC?===
If you’re not happy with the service you received from ICBC, you have options. First, raise the issue with the manager or supervisor of the ICBC office you’ve been dealing with. You can do this by asking a customer service representative to put you in touch with a manager or supervisor.  


==What should you do if you disagree with ICBC’s decision about who is at fault?==
If that doesn’t resolve the issue, you can contact ICBC’s '''fair practices office'''. See [https://www.icbc.com/about-icbc/contact-us/Raising-your-complaints ICBC’s website for details, including further steps you can take].
You have two choices:
*Ask ICBC to review its decision.
*Sue in court.
 
==What if you ask ICBC to review the decision?==
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.
 
==Will your insurance premiums go up?==
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.
 
==Can you pay for the damage yourself without involving ICBC?==
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.
 
==What should you do if you 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 this doesn’t work and you still feel you haven’t been treated fairly, you may be able to proceed to ICBC’s [http://www.icbc.com/about-icbc/contact-us/Pages/Fairness-commissioner.aspx Fairness Commissioner] (the ICBC website has details).
 
==Will your insurance cover you if you were 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 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 190 on “Drinking and Driving”.
 
==Where can you find more information?==
*See the [http://www.icbc.com/ ICBC website].
*If you’ve been injured in an accident, check 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 May 2016]
 
 
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==Explore further==
{{PLSTipsbox
| text = '''Deeper coverage of vehicle damage claims'''<br>
For more detail, including the steps to make a vehicle damage claim, see [https://www.peopleslawschool.ca/vehicle-damage-claim/ the People's Law School coverage of vehicle damage claims].
}}


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Latest revision as of 00:20, 8 March 2024

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Krista Prockiw of ICBC in February 2024.

If your car is damaged in an accident — or you damage someone else’s car — insurance may cover the damage. Learn answers to common questions relating vehicle damage claims.

Common questions

Will insurance cover repair costs to my vehicle?

It depends on who caused the accident.

Everyone who owns a motor vehicle in BC must have basic insurance from ICBC, called basic Autoplan.

If ICBC finds the other driver was 100% at fault for the accident, your basic insurance will cover the cost of repairs to your vehicle.

If ICBC finds you were 100% at fault for the accident, collision insurance can cover the cost of repairs to your vehicle. This is optional insurance coverage. If you don’t have it, you’ll typically be on the hook for the cost of repairs.

If you and the other driver share responsibility for the accident, your basic insurance will cover the non-responsible portion of your repair costs, up to $200,000. For a closer look, see the People’s Law School’s in-depth guidance on making a vehicle damage claim..

If I was at fault, 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 — they will usually increase your insurance premium the next year. The costs for any optional insurance you have (for example, collision coverage) may go up as well. Generally, the more accidents you’re responsible for, the more you’ll pay in insurance.

You can use this tool to get an estimate of how your insurance premiums may be impacted by an accident. Note that you need to be within six weeks of your insurance renewal for the estimate to be accurate.

Can I pay for the damage myself without involving ICBC?

If you cause a small accident, you can pay for any damage to your vehicle and the other vehicle yourself to avoid higher insurance premiums. However, it’s a good idea to discuss this with a claims representative before deciding. Depending on your insurance coverage, the impact on your premiums may be small.

What are my options if my car is unrepairable?

If your car is too badly damaged to repair (ICBC calls this a total loss), they will pay you an amount based on the value of your car at the time of the crash. A vehicle is considered unrepairable if the repairs would cost more than its estimated value at the time of the accident.

If you disagree with ICBC’s assessment, you can dispute it. ICBC explains the steps to dispute a valuation.

Can I get my car repaired outside of British Columbia?

Before authorizing any repairs outside of the province, contact ICBC at 1-800-910-4222. Ask the claims representative if your vehicle can be repaired where you are, or if it needs to be brought back to BC.

Some garages outside of BC may not accept payment directly from ICBC. You may have to pay for the repairs out of pocket and apply for reimbursement when you get home. Keep a copy of the repair bill and any invoices for parts and material.

What if I have a complaint with ICBC?

If you’re not happy with the service you received from ICBC, you have options. First, raise the issue with the manager or supervisor of the ICBC office you’ve been dealing with. You can do this by asking a customer service representative to put you in touch with a manager or supervisor.

If that doesn’t resolve the issue, you can contact ICBC’s fair practices office. See ICBC’s website for details, including further steps you can take.

Explore further

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