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Difference between revisions of "Optional ICBC Insurance (12:XI)"
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Optional ICBC Insurance (12:XI) (view source)
Revision as of 19:35, 9 August 2021
, 19:35, 9 August 2021→i) Dispute Resolution and Appeals Process
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==== i) Dispute Resolution and Appeals Process ==== | ==== i) Dispute Resolution and Appeals Process ==== | ||
===== (1) How Decisions Regarding Liability are Made ===== | ===== (1) How Decisions Regarding Liability are Made ===== | ||
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If a client is dissatisfied with an adjuster’s decision, there are two available courses of action: | If a client is dissatisfied with an adjuster’s decision, there are two available courses of action: | ||
<blockquote>a) the client can go through ICBC’s internal appeal procedure by asking the adjuster to review his or her decision and, if there is no change, by asking the claims manager to review it. If the client is still not satisfied, the third step is to present the client’s case to an appeal panel; or | |||
b) the client can sue. This is commonly the most satisfactory course, particularly where the amount in issue is relatively small, as where the damage is about the same amount as the “deductible”. Such an action is not brought against ICBC under the policy, but against the driver (and owner, ''MVA'', s 86) whose negligence is said to have caused the accident. In such a case, that ICBC was not liable to pay the “deductible” to its own insured does not relieve the negligent party from liability, assuming always that negligence can be established. </blockquote> | |||
There are two ways in which to frame the action. The plaintiff can either claim the total amount of damage resulting from the negligence, even though ICBC has already paid a portion of it, or the plaintiff can claim merely the amount that ICBC has not paid. Remember, however, that a plaintiff cannot collect twice, and if he or she sues for more than the deductible, he or she may be held to be acting as a trustee for the Corporation and therefore liable to account for anything in excess of the deductible. In either case, the plaintiff bears the onus of proving the negligence alleged against the defendant. | There are two ways in which to frame the action. The plaintiff can either claim the total amount of damage resulting from the negligence, even though ICBC has already paid a portion of it, or the plaintiff can claim merely the amount that ICBC has not paid. Remember, however, that a plaintiff cannot collect twice, and if he or she sues for more than the deductible, he or she may be held to be acting as a trustee for the Corporation and therefore liable to account for anything in excess of the deductible. In either case, the plaintiff bears the onus of proving the negligence alleged against the defendant. | ||
