Difference between revisions of "Disputes with ICBC (12:VI)"

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<blockquote>'''Note:''' As of March 2021, the BC Supreme Court has deemed the CRT’s authority to adjudicate on minor injury determinations as being unconstitutional ([https://www.canlii.org/en/bc/bcsc/doc/2021/2021bcsc348/2021bcsc348.html?searchUrlHash=AAAAAQBjVHJpYWwgTGF3eWVycyBBc3NvY2lhdGlvbiBvZiBCcml0aXNoIENvbHVtYmlhIHYgQnJpdGlzaCBDb2x1bWJpYSAoQXR0b3JuZXkgR2VuZXJhbCksIDIwMjEgQkNTQyAzNDggAAAAAAE&resultIndex=4 ''Trial Lawyers Association of British Columbia v British Columbia (Attorney General)'', 2021 BCSC 348 (CanLII)]). This is currently being appealed to the BC Court of Appeal. While this case is being decided, parties can choose to bring their minor injury determination disputes to either the CRT, or to have them adjudicated through the court system. It is unclear when this case will be decided, or how the outcome will affect the forum for these disputes going forward. </blockquote>

==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).

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 liability or damage assessments can also be disputed in certain circumstances by making an application to the CRT to adjudicate on the matter. The CRT has jurisdiction over liability and damages in cases where an accident occurred in BC, and was, “caused by a vehicle or the use or operation of a vehicle as a result of which a person suffers bodily injury” (''IVA'', s 101) and where the total damage amount is less than or equal to $50,000 (note that this damage cap to fall within CRT jurisdiction is, “including loss or damage to property related to the accident but excluding interest and any expenses referred to under section 49” of the ''CRT Act'') (''CRT Act'', s 133(1)(c)).

<blockquote> '''Note:''' As of March 2021, the BC Supreme Court has deemed the CRT’s authority to adjudicate on liability and damage disputes as being unconstitutional (''Trial Lawyers Association of British Columbia v British Columbia''). This is currently being appealed to the BC Court of Appeal. While this case is being decided, parties can choose to bring their liability and damage disputes to either the CRT, or to have them adjudicated through the court system. It is unclear when this case will be decided, or how the outcome will affect the forum for these disputes going forward. </blockquote>

@@ Line 20: / Line 20: @@
 <blockquote>'''Note:''' As of March 2021, the BC Supreme Court has deemed the CRT’s authority to adjudicate on minor injury determinations as being unconstitutional ([https://www.canlii.org/en/bc/bcsc/doc/2021/2021bcsc348/2021bcsc348.html?searchUrlHash=AAAAAQBjVHJpYWwgTGF3eWVycyBBc3NvY2lhdGlvbiBvZiBCcml0aXNoIENvbHVtYmlhIHYgQnJpdGlzaCBDb2x1bWJpYSAoQXR0b3JuZXkgR2VuZXJhbCksIDIwMjEgQkNTQyAzNDggAAAAAAE&resultIndex=4 ''Trial Lawyers Association of British Columbia v British Columbia (Attorney General)'', 2021 BCSC 348 (CanLII)]). This is currently being appealed to the BC Court of Appeal. While this case is being decided, parties can choose to bring their minor injury determination disputes to either the CRT, or to have them adjudicated through the court system. It is unclear when this case will be decided, or how the outcome will affect the forum for these disputes going forward. </blockquote>
+==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).
+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 liability or damage assessments can also be disputed in certain circumstances by making an application to the CRT to adjudicate on the matter. The CRT has jurisdiction over liability and damages in cases where an accident occurred in BC, and was, “caused by a vehicle or the use or operation of a vehicle as a result of which a person suffers bodily injury” (''IVA'', s 101) and where the total damage amount is less than or equal to $50,000 (note that this damage cap to fall within CRT jurisdiction is, “including loss or damage to property related to the accident but excluding interest and any expenses referred to under section 49” of the ''CRT Act'') (''CRT Act'', s 133(1)(c)).
+<blockquote> '''Note:''' As of March 2021, the BC Supreme Court has deemed the CRT’s authority to adjudicate on liability and damage disputes as being unconstitutional (''Trial Lawyers Association of British Columbia v British Columbia''). This is currently being appealed to the BC Court of Appeal. While this case is being decided, parties can choose to bring their liability and damage disputes to either the CRT, or to have them adjudicated through the court system. It is unclear when this case will be decided, or how the outcome will affect the forum for these disputes going forward. </blockquote>
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Difference between revisions of "Disputes with ICBC (12:VI)"

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