Understanding How ICBC Determines Liability Following A Car Accident
Unfortunately, car accidents are still on a steady up and up in British Columbia with 260,00 in the year 2011 alone, according to the ICBC. And just four year later, that number had climbed to 300,000.
An important thing to note is that, in the end, it will always be the ICBC who determine liability in any and all accidents, and that this decision has a widespread ripple effect on everything else regarding the accident. Anything from your eligibility to claim insurance benefits for your sustained injuries, to your future status can and will be affected by whether you are found liable or not by ICBC.To know how to move forward following an accident, you will need to fully understand how ICBC determines liability, with the help of ICBC Lawyers in New Westminster.
Outlined in the Motor Vehicle Act is the ICBC's process for determining liability in cases of car accidents. The first step is to take statements from all drivers involved in the accident, their passengers, as well as any witnesses at the scene. Next comes the reviewing of police reports, and potentially also a visiting of the site of the accident in an effort to assess road conditions any other elements that may have contributed to the incident. They will also visit with an estimator who has looked at all involved vehicles to assess damages. Based on the evaluated value of the injuries and property damage, the claim amount will be determined.
All acquired evidence will then be put together by the adjuster who gathered in so they can make an informed guess as to who is responsible. However, this can be rather difficult since there are cases, in which the one liable isn't clearly obvious, or in which conflicting statement have been given or even cases in which necessary information can't be easily accessed.
Nevertheless, the adjuster will usually determine fault roughly 30 days after the car accident. Depending on the circumstances, however, this may also take longer. What is important for you to note is that you should never admit fault while you are still at the site of the accident, and even more so if you are certain you aren't actually responsible. Also important is that the Apology Act of British Columbia states that apologizing cannot legally be considered admitting fault. Despite this, you should still consult a lawyer before voicing any thought, regardless of whether you want to admit fault or place the blame on another driver. They would be able to help you answer such questions properly without endangering your chances of losing the claim.