Difference between revisions of "Making a Vehicle Damage Claim"

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{{REVIEWEDPLS | reviewer = [https://www.icbc.com/ Janet Mackinnon] and [https://www.icbc.com/ Krista Prockiw] of ICBC |date= February 2019}} {{Dial-A-Law TOC|expanded = cars}}  
{{REVIEWEDPLS | reviewer = [https://www.icbc.com/ Krista Prockiw] of ICBC |date= February 2024}} {{Dial-A-Law TOC|expanded = cars}}  
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'''.
If your car is damaged in an accident — or you damage someone else’s car — insurance may cover the damage. Learn answers to common questions relating '''vehicle damage claims'''.


{| class="wikitable"
==Common questions==
|align="left"|'''Alert!'''
===Will insurance cover repair costs to my vehicle?===
On May 1, 2021 a law came into effect that changed how ICBC insurance works. A motor vehicle accident that occurs in BC after that date is covered by a new insurance model, called '''enhanced care'''. We're currently updating this content to reflect the changes. In the meantime, [https://www.icbc.com/insurance/products-coverage/Pages/basic-insurance.aspx visit ICBC's website for details].
It depends on who caused the accident.
|}


==What you should know==
Everyone who owns a motor vehicle in BC must have basic insurance from ICBC, called '''basic Autoplan'''.


===Basic vehicle insurance is mandatory in BC===
If ICBC finds the other driver was 100% at fault for the accident, your basic insurance will cover the cost of repairs to your vehicle.
Everyone who owns a motor vehicle in BC must have basic vehicle insurance from the Insurance Corporation of British Columbia (ICBC), called '''Basic Autoplan'''.


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).
If ICBC finds you were 100% at fault for the accident, '''collision insurance''' can cover the cost of repairs to your vehicle. This is optional insurance coverage. If you don’t have it, you’ll typically be on the hook for the cost of repairs.  


[https://www.icbc.com/insurance/Pages/Default.aspx You may also buy 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.
If you and the other driver share responsibility for the accident, your basic insurance will cover the non-responsible portion of your repair costs, up to $200,000. For a closer look, see [https://www.peopleslawschool.ca/vehicle-damage-claim/ the People’s Law School’s in-depth guidance on making a vehicle damage claim.].


Your insurance may also pay if your parked vehicle is hit by an unknown driver.
===If I was at fault, 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 — they will usually increase your insurance premium the next year. The costs for any optional insurance you have (for example, collision coverage) may go up as well. Generally, the more accidents you’re responsible for, the more you’ll pay in insurance.


===Who pays for the repairs to your vehicle===
You can [https://www.icbc.com/insurance/buy-renew-cancel/prepare-an-estimate use this tool] to get an estimate of how your insurance premiums may be impacted by an accident. Note that you need to be within six weeks of your insurance renewal for the estimate to be accurate.
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.
===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. However, it’s a good idea to discuss this with a claims representative before deciding. Depending on your insurance coverage, the impact on your premiums may be small.


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.
===What are my options if my car is unrepairable?===
If your car is too badly damaged to repair (ICBC calls this a '''total loss'''), they will pay you an amount based on the value of your car at the time of the crash. A vehicle is considered unrepairable if the repairs would cost more than its estimated value at the time of the accident.


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 disagree with ICBC’s assessment, you can dispute it. [https://www.icbc.com/claims/disputes-appeals/Vehicle-valuation-disputes ICBC explains the steps to dispute a valuation].


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.
===Can I get my car repaired outside of British Columbia?===
Before authorizing any repairs outside of the province, contact ICBC at 1-800-910-4222. Ask the claims representative if your vehicle can be repaired where you are, or if it needs to be brought back to BC.  


===If the vehicle is too badly damaged to repair===
Some garages outside of BC may not accept payment directly from ICBC. You may have to pay for the repairs out of pocket and apply for reimbursement when you get home. Keep a copy of the repair bill and any invoices for parts and material.  
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.
===What if I have a complaint with ICBC?===
 
If you’re not happy with the service you received from ICBC, you have options. First, raise the issue with the manager or supervisor of the ICBC office you’ve been dealing with. You can do this by asking a customer service representative to put you in touch with a manager or supervisor.  
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.
 
==Work out 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. [https://www.icbc.com/claims/report-view/Pages/Report-a-claim-online.aspx You can also report a claim online].
 
If you bought your collision insurance from a private insurance company, report your accident to them too.


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 that doesn’t resolve the issue, you can contact ICBC’s '''fair practices office'''. See [https://www.icbc.com/about-icbc/contact-us/Raising-your-complaints ICBC’s website for details, including further steps you can take].


===Step 2. Get the vehicle damage assessed===
==Explore further==
Many vehicle damage claims are settled without going to an ICBC claim centre. If your claim qualifies, [https://www.icbc.com/claims/repair-replace/Pages/Getting-a-damage-estimate.aspx you can go directly to a 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.
{{PLSTipsbox
 
| text = '''Deeper coverage of vehicle damage claims'''<br>
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.
For more detail, including the steps to make a vehicle damage claim, see [https://www.peopleslawschool.ca/vehicle-damage-claim/ the People's Law School coverage of vehicle damage claims].
 
}}
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.
 
===Step 3. Consider ICBC’s decision and offer===
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.
 
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.
 
If you’re not happy with ICBC’s decision on fault or the amount they offer to settle your claim, you have options:
 
#'''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'''. [https://www.icbc.com/claims/disputes-appeals/Pages/responsibility-assessment-disputes.aspx You can apply for a claims assessment review], known as a CAR. You have 60 days after ICBC tells you its decision to apply for a review.
 
===Step 4. Use arbitration for your dispute===
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, [https://adrbc.com/ the 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.
 
===Step 5. Bring a legal action===
If you remain unsatisfied with ICBC’s decisions, you can sue the other driver involved in the accident.
 
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.
 
Where you sue depends on much you sue for. For a claim of $5,000 or less, [https://civilresolutionbc.ca/ you can bring your claim to the Civil Resolution Tribunal]. For a claim over $5,000 and up to $35,000, [http://www.smallclaimsbc.ca/ you can go to Small Claims Court. Supreme Court is for claims over $35,000].
 
{| class="wikitable"
|align="left"|'''Tip'''
For motor vehicle accidents taking place in BC after April 1, 2019, injury claims up to $50,000 must be brought to the Civil Resolution Tribunal. However, vehicle damage claims brought to the tribunal are capped at $5,000.
|}
 
==Common questions==
 
===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, [https://www.icbc.com/driver-licensing/tickets/Pages/Driver-Risk-Premium.aspx you’ll have to pay an additional 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.
 
===Will my insurance cover me if I was drinking and driving?===
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. [https://dialalaw.peopleslawschool.ca/impaired-driving/ See our information on drinking and driving].
 
===What if I have a complaint with ICBC?===
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, [https://www.icbc.com/about-icbc/contact-us/Pages/Raising-your-complaints.aspx you can make use of ICBC’s fairness process].


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Latest revision as of 00:20, 8 March 2024

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Krista Prockiw of ICBC in February 2024.

If your car is damaged in an accident — or you damage someone else’s car — insurance may cover the damage. Learn answers to common questions relating vehicle damage claims.

Common questions

Will insurance cover repair costs to my vehicle?

It depends on who caused the accident.

Everyone who owns a motor vehicle in BC must have basic insurance from ICBC, called basic Autoplan.

If ICBC finds the other driver was 100% at fault for the accident, your basic insurance will cover the cost of repairs to your vehicle.

If ICBC finds you were 100% at fault for the accident, collision insurance can cover the cost of repairs to your vehicle. This is optional insurance coverage. If you don’t have it, you’ll typically be on the hook for the cost of repairs.

If you and the other driver share responsibility for the accident, your basic insurance will cover the non-responsible portion of your repair costs, up to $200,000. For a closer look, see the People’s Law School’s in-depth guidance on making a vehicle damage claim..

If I was at fault, 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 — they will usually increase your insurance premium the next year. The costs for any optional insurance you have (for example, collision coverage) may go up as well. Generally, the more accidents you’re responsible for, the more you’ll pay in insurance.

You can use this tool to get an estimate of how your insurance premiums may be impacted by an accident. Note that you need to be within six weeks of your insurance renewal for the estimate to be accurate.

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. However, it’s a good idea to discuss this with a claims representative before deciding. Depending on your insurance coverage, the impact on your premiums may be small.

What are my options if my car is unrepairable?

If your car is too badly damaged to repair (ICBC calls this a total loss), they will pay you an amount based on the value of your car at the time of the crash. A vehicle is considered unrepairable if the repairs would cost more than its estimated value at the time of the accident.

If you disagree with ICBC’s assessment, you can dispute it. ICBC explains the steps to dispute a valuation.

Can I get my car repaired outside of British Columbia?

Before authorizing any repairs outside of the province, contact ICBC at 1-800-910-4222. Ask the claims representative if your vehicle can be repaired where you are, or if it needs to be brought back to BC.

Some garages outside of BC may not accept payment directly from ICBC. You may have to pay for the repairs out of pocket and apply for reimbursement when you get home. Keep a copy of the repair bill and any invoices for parts and material.

What if I have a complaint with ICBC?

If you’re not happy with the service you received from ICBC, you have options. First, raise the issue with the manager or supervisor of the ICBC office you’ve been dealing with. You can do this by asking a customer service representative to put you in touch with a manager or supervisor.

If that doesn’t resolve the issue, you can contact ICBC’s fair practices office. See ICBC’s website for details, including further steps you can take.

Explore further

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