Disputes with ICBC (12:VI): Difference between revisions
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→B. Liability And Damages Disputes
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In circumstances where a person is found to be more than 25% responsible for an accident, it is often worth it to dispute a questionable liability feeling, because often times being more than 25% responsible for an accident will result in an increase in insurance premiums. | In circumstances where a person is found to be more than 25% responsible for an accident, it is often worth it to dispute a questionable liability feeling, because often times being more than 25% responsible for an accident will result in an increase in insurance premiums. | ||
The first step is for the insured to speak with the claims representative on their file to ensure that no information was missed when the claim was filed or when the assessment was made. The second step is to request a secondary review by emailing responsibility.review@icbc.com (please note that this email address may change; please refer to ICBC’s website for an update to date contact). This must be | The first step is for the insured to speak with the claims representative on their file to ensure that no information was missed when the claim was filed or when the assessment was made. The second step is to request a secondary review by emailing responsibility.review@icbc.com (please note that this email address may change; please refer to ICBC’s website for an update to date contact). This must be done within 90 days of receiving the initial notification of responsibility. The secondary reviewer will contact the insured to discuss their claim and provide them, in writing, a detailed responsibility assessment. | ||
If an insured is not satisfied with the detailed responsibility assessment, they can then proceed to file a dispute with the CRT. As per the ICBC website, the deadline to file in most cases is 90 days after the date on the insured’s detailed responsibility assessment. 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)). | If an insured is not satisfied with the detailed responsibility assessment, they can then proceed to file a dispute with the CRT. As per the ICBC website, the deadline to file in most cases is 90 days after the date on the insured’s detailed responsibility assessment. 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)). | ||
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'''Note:''' See previous note about CRT above. Disputes in relation to denied accident benefits, in relation to Parts 1 and 10 of the ''IVA'', can be handled by making an application to the CRT to adjudicate the matter (''CRT Act''. s 132(b)). | '''Note:''' See previous note about CRT above. Disputes in relation to denied accident benefits, in relation to Parts 1 and 10 of the ''IVA'', can be handled by making an application to the CRT to adjudicate the matter (''CRT Act''. s 132(b)). | ||
'''Note:''' 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 (''Trial Lawyers Association of British Columbia v. British Columbia (Attorney General)'', 2022 BCCA 163 (CanLII)). | '''Note:''' 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 ([https://www.canlii.org/en/bc/bcca/doc/2022/2022bcca163/2022bcca163.html?autocompleteStr=Trial%20Lawyers%20Association%20of%20British%20Columbia%20v.%20British%20Columbia%20(Attorney%20General)%2C%202022%20BCCA%20163&autocompletePos=1&resultId=53077f2097974176ad581364b0c538df&searchId=2024-08-06T14:34:21:087/6d0f24375a154da1b76b3fb5abdec406 ''Trial Lawyers Association of British Columbia v. British Columbia (Attorney General)'', 2022 BCCA 163 (CanLII)]). | ||
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. | 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. | ||
