ICBC Claim Help


Introduction to ICBC

The Insurance Corporation of British Columbia (“ICBC”) is a unique insurance organization for a number of reasons:

1) ICBC is a Crown or publicly owned corporation.

2) The administration of the Corporation’s insurance plan is governed by Regulations under the Insurance (Motor Vehicle) Act of British Columbia, (i.e. Part 7, Part 6, Part 9 etc.)

3) ICBC operates on a not-for-profit basis, though it does run surpluses in some years.

4) ICBC holds a Provincial monopoly for primary auto insurance products, most notably basic Third Party Liability (Part 6), as well as Accident Benefits (Part 7) and basic Uninsured Motorist Protection (“UMP”) (Part 10).

5) ICBC has a virtual monopoly as it has close to a 90% market share B.C. on optional auto insurance products such as excess Third Party Liability, Own Damage Coverage (Part 9), and excess UMP.

6) It is responsible for the handling of unidentified and uninsured motorist claims in B.C. (Part 8).

7) In addition to possessing its own comprehensive computer databases, ICBC has direct access to some of the Vehicle Branch’s databases; and

8) As a monopoly auto insurer with comprehensive databases, ICBC has access to a wide spectrum of information.

In many respects, however, ICBC is very much like other insurance companies. This website will attempt to demystify ICBC.

 
The First Steps After a Car Accident

When you are involved in a Vehicle accident, often times calmer heads are not prevailing and so you may not remember to do everything necessary to help you on liability claims and address your statutory requirements.

Having said that, when at the accident scene, if you can get the following information it would be helpful for your claim:

1) Get the names, addresses, phone numbers and driver’s license numbers of the drivers of all the Vehicles involved in the accident, regardless of who is at fault for the accident and how minor the accident is;

2) Have a look at the insurance of each of the Vehicles involved in the accident so as to get the names of the registered owner and the insurance details;

3) Write down the plate numbers, including Province, of all the vehicles involved in the accident;

4) If a Vehicle involved in the accident is registered outside British Columbia make sure you get the name of the insurance company;

5) Find out the names and contact information of any witnesses; and

6) Within 24 hours, take some notes about how the accident happened and draw a sketch of the accident scene.

7) Make sure to take some pictures of the accident. If you keep a camera in your vehicle use that, if not at least be sure to take some pictures with a camera phone.

The Motor Vehicle Act requires all individuals involved in a vehicle accident to remain at the accident scene, to render assistance and to exchange vehicle registration and license information with all parties involved in the accident. The Vehicle Act also requires those involved in the accident to report the accident to the local police force within 24 hours in urban areas and within 48 hours in rural areas. The need to report only applies if the damages exceed $1,000 ($600 if a motorcycle is involved). When in doubt, it is best to simply report the accident to the police as soon as possible.

If you have been injured in a vehicle accident, it is very important to see a doctor as soon as possible not only to help in your recovery but also to avoid the argument from ICBC that you were not injured in the accident because you never sought early medical treatment.

 
Breach of the Insurance Policy due to a 24 Hour Roadside Suspension

Unfortunately, ICBC is taking a very hard line in recent times trying to find ways of breaching a driver/owner of the contract of insurance.  The end result of the breach is that ICBC does not have to pay out vehicle damage claims and also, can go after the “breached” driver/owner for full payment of ICBC's costs as a result of the accident.  As you can see, there is a great incentive for ICBC to breach somebody of their contract of insurance: they save money.

Read more... [Breach of the Insurance Policy due to a 24 Hour Roadside Suspension]
 
Burden of Proof and Standard of Proof

In civil actions the party who asserts the affirmative of an issue has the burden of proving it on a balance of probabilities. The overall burden of proof in a civil trial is on the injured party.

Read more... [Burden of Proof and Standard of Proof]
 
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