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FAQ: Assessment of Fault

Is ICBC’s determination of liability (or fault) final? 

No. The courts have the final authority on determination of fault. If you disagree with ICBC’s allocation of fault, you have the right to fight it.

 

The crash was partly my fault. How does that impact my claim?

When you are partially at fault, your overall claim will be reduced to reflect the portion that was your fault (for example – 20% at fault). Partial fault allocation does not prevent you from pursuing a claim, it will only reduce the overall value of your claim.

 

I was uninsured, had no driver’s license and was intoxicated. Do I have a claim?

If the crash was caused by the negligence of another driver, you may still have a claim. Violating several laws does not forfeit you from being compensated for your losses when they are caused by another party.

 

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