Being involved in a motor vehicle accident is stressful enough—disputing who is at fault can make it even more overwhelming. In British Columbia, ICBC (Insurance Corporation of British Columbia) is the public auto insurer responsible for determining liability in crashes. If you disagree with their decision, you do have options. This article outlines the process for disputing accident liability with ICBC and what to expect along the way.
Understanding ICBC’s Liability Decision
After a crash is reported, ICBC assigns an adjuster to investigate and determine who is responsible. This decision is based on:
- The Motor Vehicle Act
- Case law
- ICBC’s internal policies and precedents
- Statements from involved parties and witnesses
- Police reports, photos, and other evidence
Liability decisions affect your insurance premiums, deductible responsibility, and the ability to recover damages. If you disagree with ICBC’s assessment, you have the right to dispute it.
Step 1: Review the Decision and Gather Evidence
Before disputing liability, ask your ICBC adjuster for a copy of their written decision. Then:
- Review the adjuster’s reasoning
- Request a copy of your claim file (you may need to complete a Freedom of Information request)
- Gather evidence to support your position:
- Dashcam or surveillance footage
- Photos of the accident scene
- Independent witness statements
- Police report
- Expert opinions (e.g., accident reconstructionist)
Step 2: Communicate with Your Adjuster
Once you have your evidence, contact your adjuster to explain your disagreement and present your supporting documents. You can ask for a reassessment based on the new information, or try and clarify in what way ICBC is mistaken on the previously available information.
It is useful to have a lawyer to advocate to the adjuster on your behalf and provide submissions to the adjuster relying on legal authority to argue against their fault determination.
Step 3: Escalate to the Responsibility Review Team
If you are unsatisfied with the adjuster’s response, you can ask for a secondary review by emailing the Responsibility Review Team (RRT) if you contact the RRT via responsibility.review@icbc.com then the decision will be reviewed further. The request should be submitted by email within 90 days of the date of your notification of responsibility.
The RRT may change or adjust the initial liability decision, or it may remain the same. However, the RRT will provide a more detailed responsibility assessment that will better inform you for the reasons ICBC made the decision the way it did to give you further context or assist your lawyer in advising you of your chances of success if you dispute the decision further through adjudication.
Step 4: Adjudication at the Civil Resolution Tribunal
If all internal avenues have been exhausted, you can pursue the matter externally at the Civil Resolution Tribunal (CRT).
The CRT is the online small claims court which is the primary avenue fault decision are litigated outside of ICBC. The CRT provides further mediation opportunities to settle the liability dispute, and if mediation fails, the CRT will adjudicate the dispute and provide a decision on fault that is binding on ICBC.
Do not allow an unjust fault decision from ICBC harm your record and increase your premiums. If you do not agree with ICBC’s decision on fault, contact a lawyer at Acumen Law Corporation for a consultation to discuss your options to dispute.
