The most common type of vehicle accident in BC is the collision between two motor vehicles. Generally speaking, in a two vehicle collision, the other driver is more likely to be at-fault in cases where he or she:
However, ICBC has a legal duty to defend the policy of insurance of the at-fault driver from any personal injury claim you make. This means there is a risk that ICBC may incorrectly find that you are fully or partially responsible for the accident. In the normal course, ICBC reviews the insurance coverage of all parties involved in the accident, looks for any evidence of negligence and determines who is at-fault. As a result, there are often disputes about liability. Consequently, the presence of witnesses is an important variable in every case. Therefore, if you can, always take steps to obtain witness names and contact information. DO NOT RELY ON THE POLICE TO COLLECT THIS INFORMATION FOR YOU. In certain situations it may also be helpful to retain the assistance of accident reconstruction experts who can help objectively establish the facts leading up to a crash (i.e., how the motor vehicle accident occurred).
The failure to use, or the improper use of, seatbelts, child safety restraints and headrests are also important factors that can negatively affect the amount of damages you are entitled to receive.
