How Does ICBC Determine Fault?
ICBC is always standing there to provide public services. They take reports for claims from the victims of an accident. Then they examine all the necessary details related to the accident and determine faults. The party who is identified as guilty will not get any compensation.
Let’s learn details about the determination of fault and compensation by ICBC in the next section.
How Does ICBC Determine Fault?
Once you have reported your claim to ICBC in terms of an accident, ICBC makes a thorough verification to determine who is actually guilty. They search for sufficient evidence whether the other party is guilty of the accident or not. If yes, then how much.
They gather necessary details about the incident before they decide to accept or grant compensation for the victim. It is because, if you are not at all guilty or partially guilty for the accident, only then you can report your claim.
Otherwise, you do not have the right to get any compensation from ICBC. However, there is an exception in the case of no-fault benefits provided by ICBC.
Some accidents contain clear proofs of injury, such as car accidents, motor vehicle collisions, and so on. But in some cases, you might need to gather information and witnesses to support your claims. This is a bit problematic. Better you should contact a professional lawyer, such as ICBC lawyer Kelowna, who can handle all the things on your behalf of you.
It is not always necessary that in an accident, only one party gets proven completely liable for the accident and the other party is merely a victim. Instead, both the parties can more or less be guilty, sometimes equally. They both then can claim their reparations to ICBC. In that case, ICBC determines both parties’ faults and grant compensation accordingly.
What If I Challenge ICBC’s Determination?
Obviously, as a citizen, you have the full right to challenge ICBC’s determination if you feel it is not appropriately done. You can even file a case against them in court.
Normally, ICBC disagrees with changing their decision once they have made for a party being victimized in an accident. They try to stick to their own measurement. But if you feel that their determination is not justified enough and you are not getting sufficient reparations, you can raise your voice against them.
Do not get frightened or worried about the legal problems because ICBC does not carry that much legal weight. You can do all the procedures done by your lawyer alone.
Once you challenge ICBC’s determination, your case might go further at the court. The court will reexamine all the proofs and evidence relevant to the accident and your report of claims to ICBC as well.
The court will then decide whether the determination made by ICBC is right or wrong. If wrong, the court will order them to correct your claim and ensure your justified compensation.
How Does ICBC Determine Compensation?
ICBC first determines faults and then determines compensation depending upon the faults. Compensation basically gets those people who become victims of physical injuries, property damages, wage losses, and so on.
The person who is guilty and liable for the accident is not permitted to get any compensation as he or she does not face any loss. Instead, he or she makes a loss of another person. ICBC decides the amount of compensation based on some specific factors. Such as,
- The brutality of the accident
- The seriousness of your physical injuries and how much medical cost might be needed
- Time needed for your recovery
- How much the other party is guilty
- Percentage of your property loss
- Amounts and days of your wage loss
If you hire a lawyer, then your lawyer will discuss your compensation amounts with the ICBC. And it has previously been explained that you have the freedom to protest against the compensation decided by ICBC if you do not find it justified.
Discuss everything with your lawyer in detail because he works as your representative in all the sectors to ensure justice to you. Being a Canadian citizen, you can take help from ICBC Kelowna, which provides services for driving license issues and ICBC claiming issues as well.
Conclusion
Finally, you have gained at least a basic learning on how ICBC determines fault and how they determine compensation for the victims. If you face such accidents ever in your life, you can easily take help from ICBC and report your claims. But the most important thing is to hire a lawyer as your representative in all issues related to your compensation and ICBC as well.