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Difference between revisions of "Making a Vehicle Damage Claim"

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{{Dial-A-Law TOC|expanded = autos}}
{{Dial-A-Law TOC|expanded = autos}}
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.
If your car is damaged in an accident — or you damage someone else’s car — insurance may cover the damage. Learn the steps to make a vehicle damage claim.  


==Is vehicle insurance compulsory in BC?==
==Understand your legal rights==
[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.
===Basic vehicle insurance is mandatory in BC===
Everyone who owns a motor vehicle in BC must have basic vehicle insurance from the Insurance Corporation of British Columbia (ICBC), called '''Basic Autoplan'''.


==What should you do if you’re in a vehicle accident?==
The Basic Autoplan coverage includes '''third party liability coverage'''. This means if you are at fault for an accident that damages someone else’s vehicle, your insurance will pay that other person for their damage (up to the limit of your insurance).
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.
 
You may also buy [http://www.icbc.com/autoplan/optional/Pages/Default.aspx optional collision insurance] from ICBC or a private insurance company. Collision insurance pays for damage to '''your''' vehicle — whether or not you were at fault — minus a deductible amount.
 
Your insurance may also pay if your parked vehicle is hit by an unknown driver.
 
===Who pays for the repairs to your vehicle===
When your vehicle is damaged, who pays for the repairs 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.
 
===If the vehicle is too badly damaged to repair===
If your vehicle is wrecked, it’s called a '''write-off''' or a total loss. This means the cost of repairs is more than the current market value of your vehicle. You don’t have the choice to get it repaired.
 
ICBC will calculate the market value of your vehicle based on its condition before the accident. The value depends on several things, including your vehicle’s make, model, age, mileage, condition and options.
 
If your vehicle is a write-off and the other driver was at fault or you have collision coverage, ICBC will pay you the current market value of your vehicle. 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.
 
==Deal with the problem==
 
===Step 1. Report the accident===
Report an 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 [https://www.icbc.com/claims/report-view/Pages/Report-a-claim-online.aspx report a claim online].
If you bought your collision insurance from a private insurance company, report your accident to them too.


==Should you call the police?==
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.
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?==
===Step 2. Get the vehicle damage assessed===
Many vehicle damage claims are settled without going to 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.
Many vehicle damage claims are settled without going to an ICBC claim centre. If your claim qualifies, you can go directly to a [http://www.icbc.com/claims/repair-replace/Pages/Getting-a-damage-estimate.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.


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.
Other times, Dial-A-Claim may give you an appointment to take it to the nearest ICBC 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.


If you can’t drive your vehicle after the accident and it has been towed to a storage lot, ICBC will 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.
If you can’t drive your vehicle after the accident and it has been towed to a storage lot, ICBC will 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.


==Who decides who caused an accident?==
===Step 3. Consider ICBC’s decision and offer===
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.
An ICBC adjuster will investigate the accident. They will make a decision about who caused it. Often, you may not actually meet the adjuster and, instead, may deal with them by phone.


==Who pays for the repairs?==
ICBC will give you its decision about who is at fault for the accident. They may offer you money to settle or resolve your vehicle damage claim.
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?==
If you’re not happy with ICBC’s decision on fault or the amount they offer to settle your claim, you have options:
If your 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, options, 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.
#'''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”'''. You can apply for a [http://www.icbc.com/claims/feedback/AppealFault/Pages/Claims-Assessment-Review.aspx claims assessment review], known as a CAR. You have 60 days after ICBC tells you its decision to apply for a review. 
#'''Appeal using ICBC’s internal appeal process'''. You can [http://www.icbc.com/claims/feedback/Pages/default.aspx appeal] ICBC’s decisions to [http://www.icbc.com/claims/feedback/Pages/Appeal-a-denied-claim.aspx deny your claim] and its decisions on [http://www.icbc.com/claims/feedback/Pages/Your-settlement-offer.aspx how much to offer you], [http://www.icbc.com/claims/feedback/AppealFault/Pages/default.aspx who is at fault], and [http://www.icbc.com/claims/feedback/Pages/Appeal-how-you-were-treated.aspx how to handle your claim].


==Appealing ICBC decisions==
===Step 4. Use arbitration for your dispute===
You can [http://www.icbc.com/claims/feedback/Pages/default.aspx appeal] ICBC’s decisions to [http://www.icbc.com/claims/feedback/Pages/Appeal-a-denied-claim.aspx deny your claim] and its decisions on [http://www.icbc.com/claims/feedback/Pages/Your-settlement-offer.aspx how much to offer you], [http://www.icbc.com/claims/feedback/AppealFault/Pages/default.aspx who is at fault], and [http://www.icbc.com/claims/feedback/Pages/Appeal-how-you-were-treated.aspx how to handle your claim].
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 ICBC [http://www.icbc.com/claims/feedback/Pages/Appeal-a-denied-claim.aspx denies your claim]==
The arbitrator must promptly meet or communicate with both you and ICBC, gather relevant information, and set a date for a decision.  
You can talk to your adjuster and their manager, but if that does not work, you can sue (see below).  


==If you disagree with [http://www.icbc.com/claims/feedback/Pages/Your-settlement-offer.aspx the amount ICBC offers]==
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’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/id/complete/statreg/447_83_13#section177 Insurance (Vehicle) Regulation]'' lets you use arbitration for your dispute. 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. 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 2 years after the loss or damage to your vehicle occurred.
===Step 5. Bring a legal action===
If you remain unsatisfied with ICBC’s decisions, you can sue the other driver involved in the accident.  


==If you disagree with ICBC’s decision about [http://www.icbc.com/claims/feedback/AppealFault/Pages/default.aspx who is at fault]==
You may decide to sue for any deductible you had to pay on your collision coverage. Or, if you had no collision coverage, you may sue for the cost of your vehicle repairs or the write-off value of your vehicle.  
If you don’t think you were 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.


==Suing the other driver in court==
Where you sue depends on much you sue for. The [https://civilresolutionbc.ca/ Civil Resolution Tribunal] is for claims of $5,000 and less, [http://www.smallclaimsbc.ca/ Small Claims Court] is for claims over $5,000 and up to $35,000. [http://www.courts.gov.bc.ca/supreme_court/ Supreme Court] is for claims over $35,000.  
You can sue the other driver if you are not satisfied with ICBC’s decisions. Where to sue depends on much you sue for. The [https://civilresolutionbc.ca/ Civil Resolution Tribunal] is for claims of $5,000 and less, [http://www.smallclaimsbc.ca/ Small claims court] is for claims over $5,000 and up to $35,000. [http://www.courts.gov.bc.ca/supreme_court/ Supreme court] is for claims over $35,000. 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 how much you receive.  


==Will your insurance premiums go up?==
==Common questions==
If ICBC finds that 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. 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 [http://www.icbc.com/driver-licensing/tickets/Pages/Multiple-crash-premium.aspx multiple crash premium] of $1,000. And for each additional at-fault crash within the 3 years, you’ll have to pay another $500.


==Can you pay for the damage yourself without involving ICBC?==
===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 — 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, you’ll have to pay an additional [http://www.icbc.com/driver-licensing/tickets/Pages/Multiple-crash-premium.aspx 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?===
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. 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.
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. 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?==
===Will my insurance cover me if I was drinking and driving?===
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).
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. See our information on [[Drinking and Driving (Script 190)|drinking and driving (no. 190)]].


==Will your insurance cover you if you were drinking and driving?==
===What if I have a complaint with ICBC?===
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. If you have any questions about your insurance, ask the adjuster or your lawyer. Also check script [[Drinking and Driving (Script 190)|190]] on “Drinking and Driving”.
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 you still feel you haven’t been treated fairly, you can make use of ICBC’s [https://www.icbc.com/about-icbc/contact-us/Pages/Raising-your-complaints.aspx fairness process].


==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 2018]
[updated May 2018]


'''The above was last edited by John Blois.'''
'''The above was last reviewed for legal accuracy by Janet Mackinnon, ICBC.'''


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