In this clip, Host Zack Spencer and Personal Injury Lawyers Nathaniel Hartney and Kevin Hyde talk about how ICBC determines fault and why you shouldn’t feel that ICBC’s determination is the final word, especially if you are willing to hire a lawyer and willing to possibly go to trial.
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We have talked about some of the myths around personal injury and we really only got to one; do you go to trial? That is very important to have that hammer, I guess, that threat that you are going to go to trial. A lot of times when someone has an accident, ICBC, the adjusters say, “Okay, you’re 70% at fault, or 100% at fault.” Because they’re ICBC, most lay people would say, “Well, I guess it’s my fault and I’m just going to accept that.” But is that really the definitive answer or can it be amended? How is that determined?
This is, I think, one of the myths that’s out there is that you’re bound by ICBC’s determination of who’s at fault for an accident and that’s absolutely not true. Just because ICBC says you’re at fault at the start, that doesn’t mean you don’t have a claim. If you don’t agree with that, you can hire a lawyer, bring a claim and the Judge will decide who is at fault. The Judge’s determination supersedes whatever ICBC determined at the start.
Just to add to that, Zack, often what is the case is once you hire a lawyer, ICBC realizes that their internal determination of liability is going to be scrutinized a little more carefully now through the examination of discovery process, interviewing and getting statements from independent witnesses. That position they initially took on liability often changes as there might be a court date looming with regards to a determination on liability.
So, they sit up a little straighter and take a little more notice knowing that you’re being represented properly?
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