Difference between revisions of "Disputes with ICBC (12:VI)"
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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)). | 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> | <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 (Attorney General)''). 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> | ||
==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 on the matter. This applies to benefits denied under Part 1 or Part 10 of the ''IVA'' (''CRT Act'', s 132(b)). | |||
<blockquote> '''Note:''' The case of T''rial 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.'' </blockquote> | |||
Disputes about denied accident benefits may also be made internally through ICBC’s Claims Decision Review process. However, ICBC does not provide public information on the process or deadlines for this. Speak directly to your ICBC representative for more information about options for disputing denied benefits internally. | |||
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