They know how the system works... do you?
The answer below is based on material in the Auto Accident Survivor's Guide for BC. A more complete discussion of this topic is in the book. See Table of Contents and Book Index for topics covered in the book.
Can any ICBC decision be disputed - and how would I do this?
Any ICBC decision can be disputed. If you’re unhappy with a decision made by your adjuster, the LVI (Low Velocity Impact) Committee, an ICBC rehab coordinator, or any other ICBC staff person or department, you can speak to a supervisor or claims manager at the office involved. If you’re not satisfied with the outcome, you may be referred to ICBC’s Fair Practices Review department. Any decision you dispute other than liability or “quantum” (what your claim is worth) can be dealt with through this department.
If you’re not satisfied with the Fair Practices Review process, you can ask the ICBC Fairness Commissioner to review your situation. The Commissioner is independent to ICBC and can act as a mediator between you and ICBC. He’ll make recommendations, which ICBC may – but isn’t required – to follow.
You can also take ICBC to court as long as you initiate legal action within the required time. Your right to sue ICBC or an at-fault driver safeguards your right to accident benefits and fair compensation for your injuries.
If you disagree with your adjuster about who was at fault in your accident, you can apply for a claims assessment review (CAR) as long as you weren’t injured and haven’t filed a legal suit in connection to your accident.
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