Determining who is at fault for a motor vehicle accident is ultimately up to a judge or jury in the Supreme Court of Canada. If ICBC has found you partially responsible for an accident, you do not necessarily have to agree with them. Consulting an experienced ICBC personal injury lawyer will provide you with insight into how a judge in a courtroom is likely to view your claim. If a court finds you partially responsible for an accident then any amount you are awarded by the court will be reduced by the amount of responsibility the court (not ICBC) places with you for the accident. For example: if the court finds you are 20% responsible for an accident, then whatever amount the court awards you for the accident will be reduced by 20%.

Return to Frequently Asked Questions