Tuesday, April 8, 2014

ICBC Tip of the Month (April 2014): Unhappy with an ICBC decision?

I am often approached by people that are upset about a decision by an ICBC adjuster.  Some examples include:
  • percentage of fault determination;
  • reimbursement of expenses;
  • depreciated value of a vehicle following a collision;
  • after-market parts used to repair a vehicle;
  • certain additions or improvements to a vehicle that are not covered.

If you have a disagreement with ICBC, there are options within ICBC where you can try to get the decision overturned without actually hiring a lawyer or going to court. You can use the internal ICBC review process for virtually all decisions ranging from a liability determination, vehicle repair issues, accident benefit issues (part 7 and rehab). Here are some easy tips and steps to follow:
STEP 1: Customer Service: if you have a dispute or complaint, first contact the manager or supervisor of the adjuster you were dealing with. You can freely discuss the issue with the manager or supervisor or seek some direction on how to enter the "Fair Practices Review";
STEP 2: Fair Practices Review: if unhappy with the result from Step 1, launch a complaint through ICBC’s Fair Practices Review department.
STEP 3: Fairness Commissioner: if unhappy with results from Step 1 and Step 2, you may be eligible for a review by the Fairness Commissioner, which involves requesting a review in writing. The Fairness Commissioner may conduct the review and make findings and recommendations with respect to the issues.
STEP 4: Lawsuit: If you have gone through ICBC's internal review process and still are not satisfied, you should seek legal advice and/or file your dispute in court. For smaller disputes, the Small Claims Court is a possible venue. There are strategic and legal reasons involved in selecting the right venue.  

Do you have questions about your ICBC personal injury claim or accident?  If so, click here arrange your free consultation with  ICBC Claims Lawyer Perminder S. Tung (Services provided for ICBC injury claims throughout all of BC: Vancouver, Surrey, Langley, Burnaby, Richmond, Abbotsford, Chilliwack, Tri-city area and all over BC)

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