ICBC tells you you are at fault and you disagree. What do you do? You gather as much information as possible in support of your claim.
One of the main sources of information to examine is the BC Motor Vehicle Traffic Accident Police Investigation Report (the “Report”). Assuming the police attended the accident scene a copy of this report should have been provided to all motorists involved.
These reports often contain valuable information such as the names of all involved, the exact location of the accident, the names of witnesses and if any charges were laid. If charges were laid, the section of the Motor Vehicle Act that was allegedly violated is often cited in the report. It is a good idea to look up the exact section cited to see what the police allege against the other motorist.
Other information contained the report is coded and most ICBC lawyers know how to intepret this. I thought I would highlight some of the more important codes to share this useful information with my readers.
On the right hand side of the the Report are typed numbers. Assuming you were involved in a two vehicle collision fields 31-33A relate to the first motorist mentioned in the report and fields 34-36A relate to the second motorist mentioned in the report.
The police then fill in these fields with codes for all the “contributing factors” to the collision. Here is what some of these codes mean:
16 = extreme fatigue
19 = fell asleep
22 = illness
23 = Sudden Loss of Consciousness
26 = Pre-existing physical disability
80 = Ability impaired by Alcohol
81 = Alcohol suspected
82 = Ability impaired by drugs
83 = Drugs Suspected
84 = Ability impaired by medication
85 = Driver inatentive
86 = Driver internal / external distraction
87 = Deceased prior to colliison
11 = Backing unsafley
12 = Cutting in
17 = Failing to Signal
18 = Failing to yield the right of way
20 = Following too closely
21 = Improper Passing
24 = Driving on wrong side of road
25 = Pedestrian error / confusion
29 = Ignoring traffic control device
30 = Improper turning
32 = Ignoring officer / flagman / guard
33 = Avoiding vehicle / pedestrian / cycle
34 = Use of Communication / video equipment
35 = Exceeding speed limit
36 = Excessive speed over 40 KH Hour
37 = Driving too fast for conditions
38 = failure to secure stopped vehicle
39 = Driver error / confusion
In additon to the above, the police can code in various factors for “Environmental Conditions” or “other” conditions that contributed the the accident.
I should note that police officers who fill out these reports rarely witnessed the collision themselves and often their allegations of what happened are inadmissible hearsay evidence. It is important to track down all witnesses who can verify these allegations so that there is a source to provide admissible evidence should your ICBC claim ever go to trial.
These reports are a valuable source of information when advancing ICBC claims and it is important for you or your ICBC lawyer to properly interpret these reports to properly advance an ICBC claim.
If you have any questions about your ICBC claim or some of the codes contained in a BC Motor Vehicle Traffic Accident Police Investigation Report feel free to contact the author for help.