Shared or undetermined responsibility

If you’re found partially responsible (at fault) in a crash, this means you will share responsibility with the other driver and have been found either 25, 50 or 75 per cent responsible.

If responsibility can’t be determined, you’ll share equal responsibility (50/50).

When responsibility can’t be determined

Sometimes it’s not possible to say for sure who was fully responsible for a crash due to:

• conflicting drivers' statements
• no independent witnesses
• inconclusive evidence, such as vehicle damage or the police report

When responsibility can’t be determined, both drivers could share equal responsibility (50 per cent each) for the crash or we may look to the Motor Vehicle Act for guidance. See How we assess responsibility for a crash.

What your Basic insurance covers

Medical costs

Under ICBC Basic insurance, Accident Benefits are available to anybody in B.C. who is injured in a crash, no matter who is responsible and to what degree.

Accident Benefits pay for your medical care and recovery costs up to $300,000. Treatments can include physiotherapy, chiropractic care, registered massage therapy, clinical counselling and kinesiology. Accident Benefits also cover things like dental care, alternative therapy, and home support if needed after an injury.

Wage loss

If you’re unable to work due to an injury from a crash, your Accident Benefits (under ICBC Basic insurance) will provide wage loss payments of up to $740 per week.

Damages owed to another party, up to $200,000

If the other motorist makes a claim against you, the Third Party Liability coverage in your Basic insurance will cover this up to $200,000. This includes injury costs, wage loss and vehicle damage sustained by the other motorist(s) and/or passengers.

What Optional insurance can cover

Damage to your vehicle (if you have Collision coverage)

If you have Collision coverage, it will pay for damage to your vehicle regardless of the degree of responsibility (fault) for the crash.

You will have to pay a deductible (the amount you have to pay toward repairs before your insurance pays the rest). However, a portion of your deductible may be reimbursed or waived, depending on the percentage of responsibility of the other driver and if they are insured by ICBC.

If you don't have Collision coverage, from ICBC or another insurance provider, you are responsible for the percentage of the repairs that reflects your responsibility for the crash. For example, if you are 75 per cent responsible for the crash, you will pay 75 per cent of the costs, and the other driver’s insurance will cover 25 per cent. If you are 50 per cent responsible, you will need to pay 50 per cent of the repair costs.

What the other driver’s insurance covers

Depending on their percentage of responsibility in the crash, the other driver’s insurance may be able to provide additional coverage.

Damage to your vehicle

The damage to your vehicle will be covered by your Collision coverage, if any. If you don’t have Collision coverage the other responsible party’s insurance could pay for your car repairs. 

Settlement payments for your injury

If you’ve been injured, you may receive a settlement from the other driver’s insurance company to compensate you for:

• medical treatment beyond the limits of your ICBC Accident Benefits coverage
• wage loss beyond the limits of your ICBC Accident Benefits coverage
• pain and suffering – compensation for the emotional distress and inconvenience caused by the crash

Find out more about settling your injury claim.

How your insurance is affected

​​​If you are more than 25 per cent responsible for a crash, your Basic insurance premiums will likely go up unless you have a long, claim-free record. The costs for any Optional insurance you have (Collision, for example) may go up as well. In general, the more crashes you are responsible for, the more in insurance you will likely have to pay in future.

Talk to your ICBC Autoplan broker for more information.

Repaying a claim

You may be in a crash that doesn't involve injuries or costly vehicle damage. If you are partially responsible, it might make financial sense to repay the cost of your claim to ICBC so it won't affect your future premium.

Talk to your Autoplan broker for more information.

What if someone else was driving my car?

If someone else drives your car and causes a crash, the crash will affect the driver’s record, not yours. 

Disagree with the responsibility assessment?

If you disagree with your responsibility assessment, talk to your claim representative about your options. Find out more about responsibility assessment disputes.