If you disagree with ICBC on liability, you can get decision overturned without suing
If you have a disagreement with ICBC on liability where an injury claim has not been presented, there are avenues within ICBC whereby you can try to get the decision overturned without suing ICBC. The steps to follow are as follows:
Step 1 – Speak to a Manager: If you disagree with the liability decision of your adjuster, you should first contact the manager overseeing the adjuster to try to convince him/her that the decision is wrong;
Step 2 – Claim Assessment Review: If you have already fully exhausted avenues at the claim center and are still dissatisfied with the liability decision, you can launch a review within 60 days of the claim center decision. The review must be in writing, so you will have to provide written submissions with supporting evidence to support the review. ICBC would then have an opportunity to respond to your submissions. Next, an “independent decision-maker” will review the written submissions and conclude which is binding on ICBC but not necessarily you; and
Step 3 – Lawsuit: If you have gone through the ICBC internal review process and still are not satisfied with the liability determination, you can always sue the opposing driver. ICBC would take over that defense on behalf of the opposing driver. The best venue is Small Claims Court.
Through ICBC’s internal review process, you can also appeal your settlement offer, address how you were treated by the adjuster and/or review the denial of the claim. The main avenue of review is through the adjuster’s manager or a lawsuit but for concerns over the way you are being treated, you can approach ICBC’s Customer Relations Department or ICBC’s Fairness Commissioner
For more information on the ICBC internal dispute process, you can visit www.icbc.com.