I HATE ICBC

FACT: ICBC will try to screw both parties involved in an accident.

Well, What do you do?

There may be situations where, after a car accident, you and ICBC can’t agree on a fair value for the repairs to your motor vehicle, what repairs actually need to be completed to put your motor vehicle back into the condition it was in prior to the accident, or a fair price for your motor vehicle if the motor vehicle was a total loss.

Approximately 60% of car accident victims in British Columbia settle their ICBC claims without using a personal injury lawyer. No one can fairly negotiate an ICBC claim if they don’t understand the process or have access to the right information

If you are not satisfied with what ICBC has offered you or what they have said needs to be repaired, your first step should be to ask for an interview with a claims manager at the claims centre where your claim is being adjusted. If the claims manager is not able to satisfy your concerns, you will have to proceed through the Evaluation Process.

The steps you have to follow though the Evaluation Process are as follows:

1. You must notify ICBC in writing and by registered mail of your intention to dispute their decision. Your letter is to be sent to the claim centre dealing with your claim for the damage to your motor vehicle.

2. You must appoint an “evaluator” to act on your behalf within 21 days of sending your notice to ICBC and advise ICBC of your evaluator’s name, address and telephone number. Be sure to select some who is knowledgeable about motor vehicles. The following people cannot act as your evaluator:

* the registered owner of the motor vehicle
* the person who repaired your motor vehicle
* an employee, director or officer of the registered owner of the motor vehicle or the company that made the repairs
* a member of your family
* a member of your household
* You have to pay the costs of your evaluator yourself.

3. Within 7 days of being appointed, both your evaluator and ICBC’s evaluator must meet or communicate with each other.

4. Within 21 days of being appointed, both your evaluator and ICBC’s evaluator must exchange written reports. If you or your evaluator are unsure of what information should be in the report or what the report should look like contact your property damage adjuster at ICBC and request information on what the form of the report should be.

5. Within 45 days being appointed as an evaluator, the two evaluators must attempt to agree on an award and submit the agreed upon award in writing to ICBC or notify ICBC in writing that they were unable to agree upon an award.

6. If the two evaluators cannot come to an agreement on an award within the 45 day time limit then you may apply to the British Columbia Arbitration and Mediation Institute to appoint an arbitrator who will decide the matter after a review of the written reports of the two evaluators. In rare cases, the arbitrator may request more information that the two written reports of the evaluators.