5,109
edits
Difference between revisions of "Disputes with ICBC (12:VI)"
From Clicklaw Wikibooks
no edit summary
| Line 1: | Line 1: | ||
{{REVIEWED LSLAP | date= August | {{REVIEWED LSLAP | date= August 1, 2023}} | ||
{{LSLAP Manual TOC|expanded = ICBC}} | {{LSLAP Manual TOC|expanded = ICBC}} | ||
{{LSLAP 12 New System Notice}} | {{LSLAP 12 New System Notice}} | ||
| Line 16: | Line 16: | ||
Minor injury classifications may be disputed either internally, by speaking with your claim representative and their manager, or by making an application to the Civil Resolution Tribunal (CRT) to adjudicate on the matter. Note that ICBC does not make further information publicly available about the process or deadlines for disputing a determination internally. | Minor injury classifications may be disputed either internally, by speaking with your claim representative and their manager, or by making an application to the Civil Resolution Tribunal (CRT) to adjudicate on the matter. Note that ICBC does not make further information publicly available about the process or deadlines for disputing a determination internally. | ||
The CRT is an independent administrative tribunal, authorized by the Civil Resolution Tribunal Act to adjudicate on minor injury determination, among other matters. The CRT process does not involve legal representation, and use of the CRT to resolve these disputes is meant to cut legal costs for all parties, although certain parties who require assistance can apply to have a helper or advocate to assist them in the tribunal process. For more details on the CRT, see | The CRT is an independent administrative tribunal, authorized by the Civil Resolution Tribunal Act to adjudicate on minor injury determination, among other matters. The CRT process does not involve legal representation, and use of the CRT to resolve these disputes is meant to cut legal costs for all parties, although certain parties who require assistance can apply to have a helper or advocate to assist them in the tribunal process. For more details on the CRT, see the LSLAP Manual on the CRT and its procedures. | ||
'''Note:''' As of June 2022, the BC Court of Appeal has upheld the CRT’s authority to adjudicate on minor injury determinations as being constitutional (''Trial Lawyers Association of British Columbia v. British Columbia (Attorney General)'', 2022 BCCA 163 (CanLII)). This case may ultimately be brought before the Supreme Court of Canada in the future, but as of now the CRT has jurisdiction on minor injury determinations below $50,000. | '''Note:''' As of June 2022, the BC Court of Appeal has upheld the CRT’s authority to adjudicate on minor injury determinations as being constitutional (''Trial Lawyers Association of British Columbia v. British Columbia (Attorney General)'', 2022 BCCA 163 (CanLII)). This case may ultimately be brought before the Supreme Court of Canada in the future, but as of now the CRT has jurisdiction on minor injury determinations below $50,000. | ||
==B. Liability And Damages Disputes== | ==B. Liability And Damages Disputes== | ||
Following an accident claim, ICBC will compile information from various sources to determine liability. Per ICBC’s website, this internal process includes gathering information from other drivers, witnesses, or police reports, as well as conducting comparisons with similar accidents, or determining if there are any Motor Vehicle Act violations. Generally, this process results in a finding of partial, full or no fault in relation to the accident (i.e. the insured’s degree of liability). | Following an accident claim, ICBC will compile information from various sources to determine liability. Per ICBC’s website, this internal process includes gathering information from other drivers, witnesses, or police reports, as well as conducting comparisons with similar accidents, or determining if there are any Motor Vehicle Act violations. Generally, this process results in a finding of partial, full or no fault in relation to the accident (i.e., the insured’s degree of liability). | ||
Disputes about a finding of liability can be made internally through ICBC’s Claims Assessment Review process, in which an independent arbitrator reviews the liability decision. Per the ICBC website, an insured has ''60 days'' after the initial decision within which to submit a Claims Assessment Review application, although ICBC may change this internal deadline, so it is always best to confirm the deadline as soon as possible. | Disputes about a finding of liability can be made internally through ICBC’s Claims Assessment Review process, in which an independent arbitrator reviews the liability decision. Per the ICBC website, an insured has ''60 days'' after the initial decision within which to submit a Claims Assessment Review application, although ICBC may change this internal deadline, so it is always best to confirm the deadline as soon as possible. | ||
| Line 31: | Line 31: | ||
==C. Disputing Denied Benefits (in relation to Parts 1 AND 10 of the IVA)== | ==C. Disputing Denied Benefits (in relation to Parts 1 AND 10 of the IVA)== | ||
Disputes in relation to denied accident benefits can be handled by making an application to the CRT to adjudicate | Disputes in relation to denied accident benefits can be handled by making an application to the CRT to adjudicate the matter. This applies to benefits denied under Part 1 or Part 10 of the ''IVA'' (''CRT Act'', s 132(b)). | ||
'''Note:''' The case of ''Trial Lawyers Association of British Columbia v British Columbia (Attorney General)'', mentioned above, did not strike down the CRT’s ability to adjudicate on disputes regarding denied benefits. As such, unlike minor injury and liability/damages disputes, parties cannot choose whether to bring their denied benefits disputes before either a court or the CRT, and ''must bring these disputes before the CRT.'' | '''Note:''' The case of ''Trial Lawyers Association of British Columbia v British Columbia (Attorney General)'', mentioned above, did not strike down the CRT’s ability to adjudicate on disputes regarding denied benefits. As such, unlike minor injury and liability/damages disputes, parties cannot choose whether to bring their denied benefits disputes before either a court or the CRT, and ''must bring these disputes before the CRT.'' | ||
