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Difference between revisions of "ICBC and Personal Injury Claims (12:XII)"
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ICBC and Personal Injury Claims (12:XII) (view source)
Revision as of 16:48, 28 October 2016
, 16:48, 28 October 2016→A. Making a Claim with ICBC
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The IVR provides for a number of benefits that are administered by ICBC, as the motorist's insurer, in instances where the motorist damages his or her automobile and/or sustains injuries after an accident. These regulations can be thought of as the motorist’s “insurance policy”. All of the benefits to which a motorist is entitled are explained in the ''IA Regulations''. ICBC adjusters in claim centres around the province administer these benefits. The following outlines the general process to be expected. | The IVR provides for a number of benefits that are administered by ICBC, as the motorist's insurer, in instances where the motorist damages his or her automobile and/or sustains injuries after an accident. These regulations can be thought of as the motorist’s “insurance policy”. All of the benefits to which a motorist is entitled are explained in the ''IA Regulations''. ICBC adjusters in claim centres around the province administer these benefits. The following outlines the general process to be expected. | ||
A claimant must also keep in mind that drivers have certain responsibilities at the scene of an accident. For a full list of these responsibilities, please see | A claimant must also keep in mind that drivers have certain responsibilities at the scene of an accident. For a full list of these responsibilities, please see [[Introduction_to_Motor_Vehicle_Law_(13:I) | Chapter 13: Motor Vehicle Law]] of the LSLAP Manual. | ||
=== 1. Dial-A-Claim === | === 1. Dial-A-Claim === | ||
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=== 6. “Minimal Damage” and ICBC Policy === | === 6. “Minimal Damage” and ICBC Policy === | ||
The claimant should also be aware that ICBC has a well-publicized policy of declining to honour claims for injuries or losses where there is “minimal damage” to the automobiles and/or persons involved in the collision. Where the damages fall below $1,000, a claimant may find him or herself confronted with an adjuster who states flatly that ICBC has a policy of refusing to pay claims in certain cases where science has established that injuries and damages cannot occur. An adjuster may also tell a claimant that he or she is without discretion in settling claims, and that he or she is required to employ classifications and a system of scaling, with an unsuccessful or unsatisfactory result for the claimant. In all these situations, the claimant should know that these decisions do not represent the '''law''', but are merely ICBC '''policy''', and can be and often are challenged successfully in court, where judges may give larger awards. Recently, it appears that ICBC is revoking this policy. | The claimant should also be aware that ICBC has a well-publicized policy of declining to honour claims for injuries or losses where there is “minimal damage” to the automobiles and/or persons involved in the collision. Where the damages fall below $1,000, a claimant may find him or herself confronted with an adjuster who states flatly that ICBC has a policy of refusing to pay claims in certain cases where science has established that injuries and damages cannot occur. An adjuster may also tell a claimant that he or she is without discretion in settling claims, and that he or she is required to employ classifications and a system of scaling, with an unsuccessful or unsatisfactory result for the claimant. In all these situations, the claimant should know that these decisions do not represent the '''law''', but are merely ICBC '''policy''', and can be and often are challenged successfully in court, where judges may give larger awards. Recently, it appears that ICBC is revoking this policy. | ||
== B. Identifying Parties to the Dispute == | == B. Identifying Parties to the Dispute == | ||
