Crash and fault examples

If you are involved in a crash, your ICBC adjuster must investigate to properly assess fault. Determination of fault is based on the Motor Vehicle Act (or “rules of the road”) and in some situations case law, which is based on court precedence rather than statutory law. Find out more about case law . In particular kinds of crashes, fault is usually assessed a certain way. For example, rear-end collisions are usually the fault of the motorist to the rear.

Who is at fault? — Examples of crashes and fault

ICBC uses the Motor Vehicle Act and related recent case law decisions by B.C. Supreme Court to determine fault. The examples of crashes and fault in the table below:

• Show who is typically (but not always) found at fault.
• Provide links to the rules of the road in the Motor Vehicle Act that help guide ICBC adjusters' decisions about fault.
• Link to case law showing how the B.C. Supreme Court has ruled in similar cases in the past.

Since every crash is unique, legislative changes and case law evolves. Fault in your crash may be assessed differently than it is in these examples.

Examples	Related Motor Vehicle Act
Changing lane (PDF)	Section 151
Entering intersection at a four-way stop (PDF)	Section 173
Running stop sign, crossing thoroughfare (PDF)	Section 186
Crossing centre line, sideswiping vehicle (PDF)	Sections 150, 151, 154, 155
Leaving parking spot at curb (PDF)	Section 169
Leaving stop sign, hit vehicle in through street (PDF)	Section 175
Opening vehicle door into traffic (PDF)	Section 203
Rear-end collision (PDF)	Section 162
Reversing vehicle on roadway (PDF)	Section 193
Vehicle goes through red light (PDF)	Section 129
Turning left against oncoming traffic (PDF)	Sections 165, 128, 174
Crash at intersection with no traffic signals (PDF)	Section 173