Assessing liability

Who decides liability?

Your adjuster will fully investigate the details of your accident, including statements from drivers and witnesses, police reports and scene photos. He or she will also consider the Motor Vehicle Act and current case law that could apply to your accident. Using all of the information available, your adjuster and the other motorist's adjuster will assess liability for the crash, often based on previous precedent-setting cases.

How long does it take to assess liability?

Your adjuster will aim to assess liability and contact you to discuss the decision within 30 days. In rare circumstances there may be a delay. This can happen if:

Adjusters have not been able to obtain all of the information needed to make an informed decision; or
The adjusters involved in your case do not agree on who was liable.

If you are not advised of this decision within 30 days, you may call your adjuster and ask for your file to be referred to his or her manager to move the process along.

Why is it important to decide liability?

Your settlement depends upon who was liable.

Generally, what you can expect in a settlement will depend, at least to some extent, upon whether you were found liable — either wholly or partly — for the crash in which you were injured. Here's a fictional example of how settlements vary depending upon whether a driver is assessed liable in a crash. And here's another fictional example demonstrating how individual circumstances can affect the amount of an ICBC settlement.

Your insurance premium may be affected

Drivers found to be liable may also pay more in premiums after a crash. If the crash affected your position on ICBC's Claim-Rated Scale, your premiums may be affected when you renew your insurance.

Will ICBC defend me if I am sued?

Yes, if you are insured by ICBC and so long as you are not found to be in breach of your ICBC policy. Under your insurance, ICBC is obligated to pay for a lawyer to defend you.