Responsibility assessment disputes
Your responsibility assessment will tell you if, and to what degree, you have been found responsible (at fault) in your crash. If you disagree with your responsibility assessment, here’s how to dispute it.
Talk to your ICBC claim representative
Talk to your claim representative. It’s important that both of you understand all of the factors taken into account. It's also your opportunity to bring up anything that you may have forgotten when filing your claim, or ask questions about how the assessment was determined.
If you’re still not satisfied after speaking with your claim representative, ask to speak to their manager. The manager will review the available information, which may include statements, videos, police reports, vehicle damage and the rules of the road. If appropriate, the manager can change an assessment of responsibility.
Claims Assessment Review
If you still don't agree with the assessment, you may be eligible for a Claims Assessment Review (CAR). A CAR can only be pursued if the claim does not involve injuries.
A CAR provides an opportunity for an independent arbitrator - who’s not part of ICBC - to make an objective decision about your responsibility assessment. This decision is based on a written application from you, along with the ICBC file material for your case. You must submit your application within 60 days of the date you received the responsibility assessment letter. Talk to your ICBC claim representative for more information.
The CAR decision is binding on ICBC, but not on you. If you’re not satisfied with the outcome of the review, you still have further options.
File a dispute with the Civil Resolution Tribunal
The Civil Resolution Tribunal (CRT) is available to resolve responsibility assessment disputes (when it results in a monetary loss) for claims up to $5,000.
The CRT is independent of ICBC and can help to resolve disputes without the need for legal representation. Find out more about filing a dispute and how the CRT can help.
Dispute your claim in court
If you choose not to file a dispute with the CRT, you can dispute your responsibility assessment in small claims court (for claims between $5,000-$35,000) or B.C. Supreme Court (for any claim amount). Please note, cases in Supreme Court may take many years to resolve, and the court will have the final say in the matter. If a judge or the CRT changes a responsibility decision made by ICBC, we will adjust your assessment to match the ruling.