How Do Courts Decide Who Is at Fault in a Motor Vehicle Accident?

There’s a unique role for ICBC to play in determining fault, but ultimately it’s not up to ICBC. The real question is: How would the Court decide who is at fault in a motor vehicle accident?

Let’s assume that you have not retained a lawyer who is advocating solely for your interests, and you disagree with ICBC’s assessment of who is at fault in your motor vehicle accident. You’ve asked the ICBC adjuster to reconsider their decision, but nothing changes. So you decide to pursue the matter through the courts. What happens?

What to Expect if You Take It Court

Through the court process, a Judge will hear evidence from everyone involved in the actual accident. This means all drivers and all witnesses, including friends and family, as well as an experts who may have relevant knowledge and expertise to assist the court. Judges also scrutinize people testifying in court to decide if they are telling the truth and are reliable.

If you decide to pursue the issue of liability in court you will be suing the other motorists involved in the motor vehicle accident. ICBC will appoint a lawyer to represent the other motorist(s), and you will be up against a lawyer unless you retain your own lawyer. The court’s decision about liability will affect your personal injury claim and any amounts you may be entitled to as a result of a successful claim for damages.

Why You Should Obtain the Help of a Lawyer Before Making an ICBC Claim

Here’s a curve-ball: if ICBC decided internally that you weren’t at fault in your accident, and then you seek compensation through a personal injury claim, ICBC may claim there is liability against you. When it suits ICBC, they don’t even follow their own internal determination on liability! This illustrates why we think many people injured in motor vehicle accidents benefit from retaining a lawyer who works solely in their interest.

Call Spraggs Law First: Personal Injury Lawyers Serving Coquitlam and the Lower Mainland

If you’ve been injured in a motor vehicle accident, before you make a claim with ICBC, contact our personal injury lawyers at Spraggs Law to arrange a free, no-obligation consultation. We can help protect your interests and discuss your options with you so that you can make an informed decision. Our team of lawyers are highly skilled and experienced in dealing with personal injury claims and ICBC. We’ll help you get the benefits you’re entitled to.

Our personal injury lawyers at Spraggs Law work entirely for the injured—never for an insurance company.