Method Used By ICBC To Identify The Driver At-Fault
An insurance company lacks the ability to install a camera on the dashboard of every policy holder’s automobile. Consequently, it cannot view a taped recording of any given accident. Still, it must determine the identity of the at-fault driver. Only by making that determination can an insurer know whether or not a particular policy holder should be held liable for damages.
Sources of information available to insurers:
When trying to identify the at-fault driver, insurance companies rely on an investigation of the available evidence. Each company’s investigators review the police report. In addition, the investigative team obtains statements from the involved drivers, and from others involved in the investigated accident. Witnesses might get interviewed, as well.
Adjusters consult with the person that provided the insurer with an estimate of the repair costs. Sometimes the location of a dent or other form of damage on a vehicle can offer a clue as to which driver should be held responsible for a specific accident. Furthermore, the adjuster’s investigative efforts include an examination of court decisions for similar accidents.
The meaning of some evidence could remain in doubt.
The fact that a ticket was issued to any one of the drivers cannot always be used as proof that the same driver should get held responsible for a given accident. If the ticketed driver has reason to contest the ticket, then that same person should hire a Personal Injury Lawyer in Burnaby. With a lawyer’s help, the date for payment can be delayed. The presence of that delay strengthens any argument against an insurer’s inclination to put the blame on the ticketed individual.
Drivers in British Columbia enjoy the protection provided by the Apology Act. It states that any apology or expression of remorse that might be made at the scene of a collision should not be interpreted as evidence that the apologetic/remorseful person should be designated as the one “at-fault.”
Can the findings of the ICBC be challenged or contested?
Yes, a driver in British Columbia that has been declared at-fault for a given accident does have the right to challenge and contest ICBC’s findings. Still, in order to carry-out a successful challenge, it helps to hire a lawyer. Normally, a challenge soon leads to an appeal. A lawyer’s familiarity with the proven strategies for winning an appeal can prove quite valuable, during any effort to challenge ICBC’s findings.
Two of those strategies have been touched on in the preceding paragraphs: Utilization of the Apology Act and delaying payment on a ticket. Good lawyers have learned a number of additional strategies. Their familiarity with such methods can work to strengthen the case being made by a driver that was named mistakenly as the “at-fault” driver.