Shared or undetermined fault

If you are found to be partially at fault, or fault cannot be determined after a crash, liability will likely be shared between you and the other driver.  It's important to note that in this circumstance you may be entitled to settlement payments from the other driver’s insurance.  

Your insurance premium may increase if you are found to be more than 25 percent at fault for a crash unless you have been claim-free for a long time.

Talk to your adjuster to find out if it makes sense for you to repay your at-fault claim to protect your discount.

Here you’ll find answers to these questions:

• Can fault be shared—or split?
• What happens when fault can’t be determined?
• Are Accident Benefits available?
• Is my vehicle damage covered?
• Do I pay a collision deductible?
• Does my settlement depend on my proportion of fault?
• Will my premiums increase?
• How can I protect my premium?
• What happens if someone else was driving my car?

Can fault be shared—or split?

In some cases, you might share fault with another motorist. Depending on the circumstances of the crash, fault may be split into three scenarios:

What happens when fault can’t be determined?

Sometimes it is not possible for ICBC to say for sure who was at fault for a crash. There could be many reasons for this, including:

• Conflicting drivers' statements
• No independent witness, or
• Other evidence, such as vehicle damage or the police report, is inconclusive.

When fault cannot be determined, adjusters may be required to determine fault at 50-50. That is, both motorists will share equal responsibility for the crash.

Disagree with your fault assessment?

If you disagree with a fault assessment, you can always appeal through the courts for a final decision. Speak to your adjuster about how that process works.

Are Accident Benefits available?

ICBC Accident Benefits are available to almost everybody in British Columbia who is injured in a motor vehicle accident — no matter who is at fault. Find out more about Accident Benefits.

Is my vehicle damage covered?

Collision coverage is optional insurance. It covers damage to your car from impact with another vehicle, person, object or the surface of the road. It also covers the costs of:

• towing
• storage, and
• salvage disposal if needed.

Do I pay a collision deductible?

You will have to pay a collision deductible. This is the amount you have to pay toward repairs or costs before your insurance kicks in to pay for the rest.

How much do I pay?

If the other driver is partly at fault and insured by ICBC, a portion of your deductible may be reimbursed or waived.

Does my  settlement depends on my proportion of fault?

The other motorist's Third Party Liability coverage compensates you for the part of the loss they're liable for.

An at-fault motorist's insurance could help cover such costs as:

• vehicle repairs, and
• rental car or reimbursement.

If you are injured, you may claim settlement payments for:

• medical treatment beyond the limits of Accident Benefits coverage
• net wage loss beyond the limits of Accident Benefits coverage, and
• pain and suffering.

Find out more about settlement payments.

Will my premiums increase?

If you are more than 25 percent at fault for a crash, your basic Autoplan premium may go up unless you have a long, claim-free record. The premium for any optional insurance you have (own damage Collision, for example) may go up as well.

Discounts and surcharges

Safe drivers enjoy premium discounts. Some drivers who cause crashes — and make claims — may lose their discounts. Others may pay surcharges. After a shared-fault claim, each year of claim-free driving could help restore your previous, lower premium.

How can I protect my premium?

You may be in a crash that does not involve injuries or costly vehicle damage. If you are at fault, it might make financial sense to repay the cost of your claim to ICBC. That is, you can pay us back for what we had to pay out on your behalf. Repaying a claim protects your premium from increasing.

Time limit on repaying a claim

There is a time limit on repaying a claim. It must be done before the annual renewal date of your Autoplan policy. Ask your adjuster if there is an option to repay your claim.

What if someone else was driving my car?

The registered owner of a vehicle is responsible — that is, legally liable — for the vehicle's operation, even if you lend it to someone or the driver is an employee or member of the household.

If your vehicle is involved in a partial at-fault crash, even if someone else was driving your car at the time, the claim record may affect your policy.

In some circumstances, such as when the vehicle owner does not renew an expiring policy, the record of an at-fault claim may affect a new policy taken out by the person who was driving at the time of the crash.