How ICBC Determines Driver At Fault For Car Accident?
If you own a car with a license plate that was sent from offices in British Columbia, then you should know what to expect anytime that you become involved in a car accident. ICBC’s adjuster will determine who should be named at-fault.
The adjuster’s role has been explained in the Motor Vehicle Act
An adjuster gets assigned to a given accident. It then becomes that same adjuster’s responsibility to speak with all the involved drivers. In addition, that particular adjuster needs to speak with anyone else that was involved in the same incident, as well as any eye-witness.
Equipped with the information obtained from those interviews, the interviewer/adjuster reviews the appropriate police report. Some adjusters also arrange to visit the scene of the collision. Such actions get completed before any scheduled consultation with an estimator, in order to learn the extent of the damage to each involved vehicle.
Typically, adjusters devote about 30 days to studying the information that has been discovered, or given to them. During that space of time, the adjusters’ tasks might include confrontation with certain challenges.
For instance, those interviewed might have given conflicting statements. Furthermore, the investigating adjuster might not have uncovered a great deal of actionable evidence. Still, the Insurance Commission of British Columbia (ICBC) expects to receive the adjuster’s determination, regarding who should be named at-fault, soon after the passage the 30-day period, following the accident.
An explanation for ICBC’s approach
Not surprisingly, there are times when a driver finds it necessary to question ICBC’s determination, and to file an appeal. After all, during that 30-day period only the first symptoms of a possible injury might have become apparent. Moreover, the injured victim might not have shared all those symptoms with a physician.
ICBC Lawyers in Vancouver know that the victim of a car accident should not start any negotiations until he or she has reached the stage of maximum medical improvement (MMI). Yet ICBC guarantees no-fault benefits to each licensed driver in British Columbia. Why then does that Commission find it necessary to identify the driver that appears to have caused the reported accident?
ICBC expects each covered driver to pay an annual premium. Because it must cover the cost for any damages, it finds it necessary to increase the premium, if a driver has recently caused an accident to take place. Yet not all of the premium money goes towards paying damages. Some of it gets used to finance the cost of defending a driver, in hopes of lowering the size of the expected compensation. Of course, a list of the adjusters’ tasks does not include any of the jobs that have become associated with the burden of defending a given driver.