So ICBC advised you the accident was 100% your fault. You don’t agree, but don’t know what to do. Well, just because ICBC has made a determination doesn’t necessarily make it so. The Courts, not adjusters, are the ultimate decision makers.
Adjusters are neither lawyers nor Judges. You need a lawyer to give you proper guidance.
First of all, where possible, it is always beneficial to get the names and contact information from potential witnesses at the time of the accident. Don’t rely on the police and ensure that you keep the information for your lawyer. Remember, often the driver who admits it’s their fault and apologizes, later changes their mind and their version of what happened. Even witnesses who may blame you for the accident may later be of benefit to your case.
Where there is any doubt as to the fault or cause of the accident, you should always consult a lawyer before giving a statement to ICBC. Even where it appears that you made a driving error, that doesn’t necessarily mean that the fault is all yours. For example, even if you were driving over the posted speed limit at or before the time of the collision, speed may not have caused or contributed to the accident occurring. The other driver could be found fully at fault.
There are numerous instances where it is necessary to determine the underlying cause of the accident before determining liability, or blame. Rely on your lawyer’s advice.
There are also instances where there is split liability or division of fault for the accident. For example, if it is determined that liability or fault is divided equally against both vehicles, you may still have a case well worth pursuing. If you’ve suffered personal injuries, lost or may lose income, you still may be entitled to an award of damages. Even large apportionment of fault against you may result in your receiving a damage (monetary) award.
In summary, ICBC and its adjusters do not have the final say and don’t represent your interests. Even if they say that you don’t need a lawyer……guess what….you need a lawyer! At Einfeld Law, we offer a free legal consultation in accident/injury cases so there is no reason for not receiving proper and experienced legal advice.