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Shared or undetermined fault

If you are found to be partially at fault, or fault cannot be determined after a crash, here's what's covered and how your insurance might be affected.

When fault is split, you might share 25%, 50% or 75% of the fault with another driver.

When fault can't be determined

Sometimes it is not possible to say for sure who was at fault for a crash due to:

  • conflicting drivers' statements,
  • no independent witness, or
  • other evidence is inconclusive, such as vehicle damage or the police report.

When fault cannot be determined, adjusters may be required to determine fault at 50-50. That is, both motorists will share equal responsibility for the crash.

Disagree with your fault assessment?

If you disagree with a fault assessment, you can ask for a Claims Assessment Review from ICBC or appeal through the courts.

What your insurance covers

Accident benefits

ICBC Accident Benefits are available to almost everybody in B.C. who is injured in a motor vehicle accident — no matter who is at fault. 

Vehicle damage

You're covered if you purchased optional Collision coverage.

It covers damage to your car from impact with another vehicle, person, object or the surface of the road. It also covers the costs of:

  • towing
  • storage, and
  • salvage disposal if needed.

Will I pay a deductible

Yes, this is the amount you have to pay toward repairs or costs before your insurance kicks in to pay for the rest. However, if the other driver is insured by ICBC, a portion of your deductible may be reimbursed or waived.

How your insurance is affected

Your insurance premium may increase if you are found to be more than 25 percent at fault for a crash unless you have been claim-free for a long time.

Talk to your adjuster to find out if it makes sense for you to repay your at-fault claim to protect your discount.

Time limit on repaying a claim

If you choose to repay your claim, it must be done before the annual renewal date of your Autoplan policy. Ask your adjuster if there is an option to repay your claim.

How your settlement is affected

An at-fault driver's insurance could help cover such costs as:

  • vehicle repairs, and
  • rental car or reimbursement.

If you are injured, you may claim settlement payments for:

  • medical treatment beyond the limits of Accident Benefits coverage
  • net wage loss beyond the limits of Accident Benefits coverage, and
  • pain and suffering.

Find out more about settling your claim.

What if someone else was driving my car?

The registered owner of a vehicle is responsible — that is, legally liable — for the vehicle's operation, even if you lend it to someone.

If your vehicle is involved in a crash where fault is shared or split, then the claim record may affect your policy even if someone else was driving your car at the time.


 

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