Only ICBC and the courts have the right to decide who was at fault in an accident. A Traffic Court ruling doesn't determine liability in a claim for damages. Even when a Traffic Court judge rules that a driver was solely at fault in an accident, ICBC isn't required to accept liability on the driver's behalf.

There are several options you can pursue if you don't agree with your adjuster's assessment of liability (or fault). You can ask his supervisor or claims manager to review the situation with you and explain why this decision was made. If you're not satisfied with this, you can apply for a Claims Assessment Review (CAR) if you weren't injured and you haven't filed a legal suit in connection to the accident.

You can also ask the court to determine liability by filing a legal suit against the driver you feel caused the accident. (You don't sue ICBC directly.) ICBC will hire a defence lawyer to represent the driver you're suing while you'll have to hire your own lawyer. (You may be able to handle a case in Small Claims Court yourself, but you'll need a lawyer if your case is being heard by the B.C. Supreme Court.) The court's decision will over-ride ICBC's internal decision on liability. The courts always determine liability in hit-and-run accidents and when a driver is uninsured.

Liability is fundamental to a personal injury claim. You can only claim damages(or compensation) for the harm done to you through someone else's negligence or wrong-doing. The more serious your injuries are, the more likely it is that ICBC will try to place some of the responsibility for your accident on you.

Liability issues that can reduce the value of an award or settlement include getting into a car with an impaired driver; knowing a driver intended to speed or drive recklessly; not wearing a seatbelt; and having an incorrectly-positioned headrest. If you're held partially responsible for your accident or injuries, the money you're awarded in court - or you agree to accept in an out-of-court settlement - will be reduced by the same percentage as you're judged to have been at fault.