subject: How Does Icbc Determine Who Is At Fault [print this page] When an individual is involved in a vehicular crash, it becomes mandatory to inform the ICBC about the crash and apply for claim. An ICBC claims lawyer in Vancouver can help the individual in filing a claim on behalf of the person and thus handle all the subsequent legal dealings.
A crash can cause severe injuries and mental as well as physical trauma to the victim, it thus becomes necessary to assess the situation and determine the fault.
Determining the Fault
Once a person is involved in an accident and reports to the ICBC, he is assigned to an adjuster. It then becomes the liability of the adjuster to assess the situation at hand and determine the fault. The assessment involves three main aspects;
Statement of the victim
Statement of the accused
Statement of witnesses
The adjuster collects varied information from the site of accident which helps them in building the case. The adjuster also reviews police report and consults the estimator. He also assess past court decisions of similar accidents and also consults the road rules. Being an extremely responsible job, an adjuster is appointed based on the skill and experience of the individual. After a thorough investigation, the adjuster determines the fault; it usually takes 30 days for the entire process to take place.
It is important to note that the adjuster does not base his decisions on credibility. His decisions are not based on assumptions that the party is telling truth; instead decisions are based on truth and facts.
In case the adjuster is unable to identify the cause and fault, the fault is divided equally between both the parties involved.
Usually the statement of the passengers is not recorded by the ICBC as they may be biased. Thus while determining the fault, statement of passengers, especially when they are close friends and relatives, are not considered credible.
Reconsideration of the Fault
Many times the parties involved are unhappy with the result and do not agree with the assessment of the fault. In such a case one can ask for redetermination of the fault. In order to get the case reviewed a few steps need to be followed;
Seeking help from Adjusters Manager:
In order to resolve the dispute, the involvement of the manager is necessary. The manager reviews the case and if he finds it necessary, he may change the fault.
Claims Assessment Review:
In case any party is yet unhappy with the decision, they become eligible for a Claims Assessment Review wherein an independent reviewer makes the decision regarding the fault. This reviewer is not a part of the ICBC and thus makes an objective decision.
Claims in Court:
In case the party is yet unsatisfied after the CAR, the fault assessment can be disputed in the court for which an ICBC claims lawyer in Vancouver may be hired. The judge takes into account all the evidence at hand and also listens to the testimonials of the passengers. After the testimonials the judge makes a court ruling and according to which ICBC makes the compensations. It is notable that the judge is not informed of the ICBC fault decision and thus the ruling is not affected by the actual assessment.
