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What’s Important About Fault for ICBC Accident Claims?

If you were recently involved in an auto accident, then you may be awaiting a decision from the ICBC regarding who was at-fault for the accident so insurance claims can be dealt with accordingly. Or, perhaps a decision has already been made and you’ve been told that you’re partially at-fault for the accident, thus affecting your injury claim.

Regardless of the circumstances surrounding your accident, it’s important to understand your rights when it comes to ICBC accident claims and how these determinations can affect you.

You May Not Be Fully At-Fault, Even If…

All too often, those who have been involved in auto accidents make the false assumption that because they’ve been assigned some fault by ICBC, that there’s nothing they can do.

The Police Issued You a Ticket

Perhaps you were issued a ticket by police following your auto accident, and maybe you even paid the ticket already. This still doesn’t mean that you’re inherently at-fault for an auto accident. In fact, tickets written for auto accidents aren’t always justified, as witnesses don’t always recount 100% accurate details, and mistakes are always possible. If you’ve been issued a ticket for your accident but don’t believe you were at fault, it’s recommended that you consult with a lawyer and hold off on paying said ticket.

You Admitted Liability at the Accident Scene

Even in a situation where you admitted liability at the scene of the accident, it’s still possible that you could be considered not at fault or at least only partially at fault for the accident. After all, it is possible (and quite common) for both parties involved in an accident to be considered partially at fault, especially when different factors are determined to have caused the accident in the first place.

Challenging a Determination of Fault

You have the legal right to challenge any determination of fault by ICBC. However, it is worth noting that ICBC can be quite stubborn and will often be hesitant to change their mind on a decision that was already made. Unfortunately, they can also be rather quick to reach a judgment one way or the other—sometimes with little investigation into the accident at all. For these reasons, it is highly recommended that you consult an experienced lawyer when challenging such a decision.

When to Consult a Lawyer

Upon receiving a determination of fault from ICBC, it’s never too soon to start consulting with a lawyer—ideally one who specializes in ICBC accident claims and has had proven success with challenges in the past. From there, you can receive the legal advice and guidance that you need throughout the often-confusing process of challenging an ICBC decision.

Furthermore, a personal-injury lawyer specializing in accident claims will be able to assist you in conducting any necessary investigations, speaking to witnesses and taking other steps to help build your case.

Dealing with the ICBC process of determining fault after an accident can be a hassle, especially if you’re assigned fault for something unfairly. Be sure to contact the legal professionals at Becker, Lavin, & Wessler to set up your consultation regarding your recent auto accident.

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