Who to Sue? ICBC Claims, Fault and Increased Insurance Premiums

Written by admin on . Posted in Uncategorized.


When collisions occur in BC typically ICBC is the insurer for all involved.  After the collision ICBC internally decides who to blame and apportions the parties respective degree of fault.  Depending on the decision some of the motorists insurance premiums may rise.  If this happens to you and you disagree with ICBC who do you sue?
The conventional route is to sue the motorist alleged to be at fault for the crash.  The theory being that if another motorist is found at fault in a negligence claim they will be ordered to pay the faultless party’s accident related expenses including increased insurance premiums.  When an injury lawsuit is started its easy to add this additional damage to the claim.  In practice ICBC will honour a court decision respecting fault and overturn their internal decision if its inconsistent with the Court finding.
What if you are not making an injury claim and your only dispute is with ICBC and their apportionment of fault?  Is the offending motorist the only party you can sue to address ICBC’s decision?  The answer, apparently, is no and this was recently discussed by the BC Court of Appeal in reasons for judgement released earlier this year.
In the recent case of Innes v. Bui the Plaintiff sued the Defendant for injuries.  The case made it’s way to the BC Court of Appeal.  The appeal did not focus on increased insurance fees rather it concentrated on the legal doctrine of ‘res judicata’ (You can click here to read my previous article discussing this issue and giving more background on the case).   Despite the alternate focus of the case, Mr. Justice Low provided the following commentary about the proper parties to a lawsuit over increased ICBC insurance premiums:
[6] In her hand-written Notice of Claim, Ms. Bui, with the assistance of a translator, described the collision from her point of view and added, in understandably inexact English, “later ICBC had decided that my fault but they didn’t let me know until I renew my insurance, I think ICBC was unfair when they state that I at fault and I want to [contest against?] this decision”.  The claim was stated to be for “Extra money I had to pay for ICBC” and “return my 40% discount from my insurance – $1095”.  Ms. Bui later amended the Notice and pleaded that “… ICBC put the fault on me, as the result my insurance was up.  I wish to recover the money which ICBC made me pay”.  In completing the portion of the form which requires quantification of the claim, she wrote “Money I paid for ICBC – $1095”….

[31]         The reasons of the Small Claims judge fell well short of deciding the negligence question.  That issue remains alive in the Supreme Court action.  The res judicata arguments of both parties fail.

[32]         The above is enough to allow this appeal.  However, I would like to add a few more observations.

[33] In the Small Claims action, Ms. Innes was the wrong defendant.  She certainly was not a necessary defendant.  That action was not based in tort.  It was either in contract or under statute, or both, and the only issue raised by the pleadings was whether ICBC acted properly or reasonably in administratively assigning responsibility for the collision to Ms. Bui alone.  That was an issue only between Ms. Bui and ICBC.

bc court of appeal, bc injury law, BCCA, Challenging ICBC's finding of fault, Estoppel, icbc, ICBC Decisions on Fault, Innes v. Bui

Comments (138)

  • visit the website

    I just want to tell you that I am just newbie to blogs and seriously loved you’re blog. Most likely I’m planning to bookmark your blog post . You surely have very good well written articles. Regards for sharing your webpage.

  • here

    I just want to mention I am very new to blogs and definitely savored your web page. Probably I’m likely to bookmark your website . You absolutely come with perfect articles. Thanks a bunch for revealing your web page.

  • 릴게임다운로드

    Wow, marvelous blog format! How lengthy have you been blogging for? you made running a blog glance easy. The overall glance of your web site is excellent, let alone the content material!

  • venta por catalogo

    Simply want to say your article is as surprising. The clarity in your post is just great and i can assume you’re an expert on this subject. Well with your permission let me to grab your feed to keep updated with forthcoming post. Thanks a million and please keep up the gratifying work.

  • 먹튀폴리스 벳콩

    We’re a bunch of volunteers and starting a new scheme in our community. Your site provided us with valuable info to work on. You’ve performed a formidable job and our entire neighborhood might be thankful to you.

  • marcel van hooijdonk

    Excellent beat ! I wish to apprentice while you amend your web site, how could i subscribe for a blog site? The account helped me a acceptable deal. I had been tiny bit acquainted of this your broadcast offered bright clear idea

  • marcel van hooijdonk

    I do agree with all of the concepts you’ve presented for your post. They’re really convincing and can certainly work. Still, the posts are too brief for newbies. May you please lengthen them a bit from subsequent time? Thanks for the post.

  • Schädlingsbekämpfung

    I think this is among the most important information for me. And i’m glad reading your article. But should remark on some general things, The site style is great, the articles is really great : D. Good job, cheers

  • scrum master

    I’m now not positive where you’re getting your information, however great topic. I must spend a while studying more or figuring out more. Thanks for wonderful information I was searching for this information for my mission.

  • beast TV trial

    Good post made here. One thing I would like to say is that most professional job areas consider the Bachelor Degree like thejust like the entry level standard for an online college diploma. Although Associate Certification are a great way to start, completing your Bachelors uncovers many entrances to various employment goodies, there are numerous online Bachelor Diploma Programs available through institutions like The University of Phoenix, Intercontinental University Online and Kaplan. Another concern is that many brick and mortar institutions provide Online types of their certifications but generally for a extensively higher price than the firms that specialize in online diploma plans.

  • 야마토 릴게임

    I am just writing to make you know of the amazing experience my cousin’s princess enjoyed studying your site. She mastered many issues, including how it is like to have an awesome coaching mood to make other people easily understand specific hard to do subject areas. You undoubtedly surpassed our expected results. Thanks for presenting those good, dependable, educational and fun guidance on your topic to Jane.

  • Underground Elephant Careers

    Oh my goodness! an amazing article dude. Thanks Nonetheless I am experiencing concern with ur rss . Don’t know why Unable to subscribe to it. Is there anyone getting an identical rss downside? Anyone who is aware of kindly respond. Thnkx

  • situs poker online

    Great post. I was checking continuously this blog and I am impressed! Very helpful info specially the last phase 🙂 I maintain such information a lot. I used to be seeking this certain info for a very lengthy time. Thank you and best of luck.

  • poker online

    Thanks for all of your work on this web site. My mum delights in setting aside time for research and it’s simple to grasp why. My spouse and i notice all about the dynamic form you deliver very useful information on the website and as well as cause contribution from others on the issue and my girl is always becoming educated so much. Enjoy the remaining portion of the new year. You are always performing a fantastic job.

  • agen poker online

    Thanks , I’ve recently been searching for information approximately this subject for ages and yours is the greatest I’ve came upon so far. But, what in regards to the bottom line? Are you sure about the source?

  • agen poker online

    Hi there, I discovered your blog by way of Google at the same time as looking for a similar matter, your web site got here up, it seems great. I have bookmarked it in my google bookmarks.

  • situs poker online

    I’m really enjoying the theme/design of your web site. Do you ever run into any browser compatibility problems? A number of my blog audience have complained about my website not operating correctly in Explorer but looks great in Opera. Do you have any tips to help fix this problem?

  • poker online

    Good day! This is my first visit to your blog! We are a team of volunteers and starting a new project in a community in the same niche. Your blog provided us beneficial information to work on. You have done a wonderful job!

  • online poker

    I’d need to examine with you here. Which isn’t something I usually do! I get pleasure from studying a submit that will make people think. Also, thanks for permitting me to remark!

  • poker

    Thanks a bunch for sharing this with all of us you really know what you are talking about! Bookmarked. Please also visit my site =). We could have a link exchange agreement between us!

  • agen poker online

    It’s the best time to make some plans for the long run and it is time to be happy. I have learn this submit and if I could I want to suggest you some attention-grabbing things or tips. Maybe you could write subsequent articles regarding this article. I want to read even more things approximately it!

  • situs poker online

    It is in point of fact a great and helpful piece of info. I’m glad that you simply shared this helpful information with us. Please stay us up to date like this. Thank you for sharing.

  • online poker

    Have you ever thought about creating an e-book or guest authoring on other blogs? I have a blog based upon on the same ideas you discuss and would love to have you share some stories/information. I know my viewers would enjoy your work. If you are even remotely interested, feel free to send me an e-mail.

  • Digital Marketing Manager Wien

    When I initially commented I clicked the -Notify me when new comments are added- checkbox and now every time a remark is added I get 4 emails with the same comment. Is there any manner you’ll be able to take away me from that service? Thanks!

  • W88

    I have learned some points through your blog post post. One other thing I would like to convey is that there are lots of games that you can buy which are designed particularly for toddler age youngsters. They contain pattern identification, colors, family pets, and models. These generally focus on familiarization as opposed to memorization. This keeps little children occupied without having a sensation like they are studying. Thanks

  • W88

    I just could not depart your website before suggesting that I extremely enjoyed the standard information a person provide for your visitors? Is going to be back often to check up on new posts

  • bestpornsites.guide

    An country demesne message it. Bachelor domestic extended doubtful as concerns at. Morning prudent removal an letters by. On could my in order never it. Or excited certain sixteen it to parties colonel. Depending conveying direction has led immediate. Law gate her well bed life feet seen rent. On nature or no except it sussex.

  • Top Porn Sites List

    Increasing impression interested expression he my at. Respect invited request charmed me warrant to. Expect no pretty as do though so genius afraid cousin. Girl when of ye snug poor draw. Mistake totally of in chiefly. Justice visitor him entered for. Continue delicate as unlocked entirely mr relation diverted in. Known not end fully being style house. An whom down kept lain name so at easy.

  • poker online

    This is very interesting, You’re a very skilled blogger. I have joined your rss feed and look forward to seeking more of your excellent post. Also, I have shared your web site in my social networks!

  • poker

    You completed certain fine points there. I did a search on the subject matter and found the majority of folks will agree with your blog.

  • lån

    It’s the best time to make some plans for the future and it’s time to be happy. I have read this post and if I could I desire to suggest you some interesting things or advice. Maybe you could write next articles referring to this article. I want to read more things about it!

  • online poker

    Spot on with this write-up, I really suppose this website wants far more consideration. I’ll most likely be again to learn way more, thanks for that info.

  • online poker

    Do you mind if I quote a couple of your posts as long as I provide credit and sources back to your blog? My website is in the very same niche as yours and my visitors would certainly benefit from some of the information you present here. Please let me know if this alright with you. Many thanks!

  • blancolån

    Do you mind if I quote a couple of your posts as long as I provide credit and sources back to your weblog? My blog site is in the exact same niche as yours and my visitors would really benefit from a lot of the information you present here. Please let me know if this okay with you. Appreciate it!

  • Пудра беркинг

    After research a few of the weblog posts in your website now, and I truly like your manner of blogging. I bookmarked it to my bookmark website list and will likely be checking back soon. Pls check out my web page as nicely and let me know what you think.

  • voblerone

    Hey very nice website!! Man .. Excellent .. Amazing .. I will bookmark your site and take the feeds also…I’m happy to find numerous useful information here in the post, we need work out more strategies in this regard, thanks for sharing. . . . . .

  • 토토 사이트

    Thanks for all your work on this site. Debby delights in working on internet research and it’s really simple to grasp why. My partner and i learn all concerning the compelling ways you produce efficient secrets on this web site and invigorate response from other individuals on that concern then my simple princess is certainly starting to learn a great deal. Take pleasure in the remaining portion of the year. You’re the one doing a terrific job.

  • 우리카지노 계열

    Very interesting details you have noted , thankyou for putting up. “You bluffed me I don’t like it when people bluff me. It makes me question my perception of reality.” by Andrew Schneider.

  • lifeguard training

    Pretty nice post. I just stumbled upon your weblog and wanted to say that I have truly enjoyed surfing around your blog posts. In any case I’ll be subscribing to your rss feed and I hope you write again very soon!

  • lifeguard classes

    Admiring the hard work you put into your website and in depth information you present. It’s awesome to come across a blog every once in a while that isn’t the same unwanted rehashed information. Great read! I’ve saved your site and I’m adding your RSS feeds to my Google account.

  • เช่าเก้าอี้

    Thanks for any other informative web site. The place else could I am getting that type of information written in such an ideal approach? I have a venture that I am just now running on, and I’ve been on the look out for such info.

  • เช่าโต๊ะเก้าอี้

    One more thing. It’s my opinion that there are a lot of travel insurance web pages of respectable companies that allow you enter your trip details and find you the quotes. You can also purchase your international travel insurance policy on the internet by using the credit card. Everything you should do will be to enter all travel information and you can begin to see the plans side-by-side. Simply find the plan that suits your financial budget and needs after which it use your bank credit card to buy them. Travel insurance online is a good way to begin looking for a trustworthy company for international travel insurance. Thanks for discussing your ideas.

  • เช่ารถตู้ Vip

    I definitely wanted to send a quick comment to appreciate you for these precious items you are giving out at this site. My time-consuming internet lookup has finally been recognized with reliable details to go over with my co-workers. I would declare that we website visitors are unequivocally lucky to exist in a remarkable site with many marvellous professionals with very helpful solutions. I feel somewhat fortunate to have used the webpage and look forward to many more excellent moments reading here. Thanks a lot again for a lot of things.

  • จัดงานแต่งงาน

    A formidable share, I just given this onto a colleague who was doing a little bit evaluation on this. And he in reality bought me breakfast as a result of I discovered it for him.. smile. So let me reword that: Thnx for the treat! However yeah Thnkx for spending the time to debate this, I feel strongly about it and love studying more on this topic. If doable, as you develop into experience, would you mind updating your blog with extra details? It’s highly helpful for me. Massive thumb up for this blog publish!

  • 안전 놀이터

    Howdy are using WordPress for your site platform? I’m new to the blog world but I’m trying to get started and set up my own. Do you require any coding knowledge to make your own blog? Any help would be really appreciated!

  • 안전놀이터 메이저

    Thanks a bunch for sharing this with all folks you actually realize what you’re talking about! Bookmarked. Please additionally seek advice from my web site =). We could have a link trade agreement among us!

  • 먹튀폴리스 사이트

    I think this is among the most important information for me. And i am glad reading your article. But wanna remark on few general things, The website style is perfect, the articles is really great : D. Good job, cheers

  • watch game of thrones

    I carry on listening to the news bulletin lecture about receiving boundless online grant applications so I have been looking around for the top site to get one. Could you advise me please, where could i find some?

  • w88

    Wow! This could be one particular of the most beneficial blogs We’ve ever arrive across on this subject. Actually Wonderful. I’m also an expert in this topic therefore I can understand your hard work.

  • W88 ทางเข้า

    Howdy very nice site!! Guy .. Beautiful .. Amazing .. I will bookmark your site and take the feeds additionally¡KI am happy to find a lot of useful info right here in the put up, we’d like develop extra techniques on this regard, thank you for sharing. . . . . .

  • 야마토

    I believe that avoiding packaged foods would be the first step to help lose weight. They might taste beneficial, but refined foods currently have very little vitamins and minerals, making you take more just to have enough vitality to get through the day. For anyone who is constantly ingesting these foods, moving over to cereals and other complex carbohydrates will make you to have more vitality while eating less. Thanks alot : ) for your blog post.

  • 먹튀검증업체

    Hiya, I am really glad I’ve found this info. Nowadays bloggers publish only about gossips and net and this is actually frustrating. A good website with interesting content, this is what I need. Thanks for keeping this web site, I will be visiting it. Do you do newsletters? Cant find it.

  • watch game of thrones online free

    I’ve been browsing on-line greater than 3 hours lately, yet I never discovered any fascinating article like yours. It’s lovely value sufficient for me. In my view, if all webmasters and bloggers made excellent content as you did, the net might be a lot more helpful than ever before.

  • 먹튀폴리스 먹튀

    I simply could not leave your site prior to suggesting that I actually enjoyed the usual info an individual provide on your guests? Is going to be back frequently in order to inspect new posts.

  • 먹튀폴리스 검증

    certainly like your website but you need to test the spelling on quite a few of your posts. Several of them are rife with spelling issues and I in finding it very troublesome to tell the reality nevertheless I will certainly come back again.

  • kontraktor bangunan

    Magnificent beat ! I would like to apprentice while you amend your web site, how could i subscribe for a blog web site? The account aided me a appropriate deal. I were tiny bit acquainted of this your broadcast offered brilliant clear idea

  • viagra

    I wanted to compose you one bit of word to be able to thank you so much yet again about the pleasant solutions you have shared on this website. It has been really strangely generous of you to convey openly precisely what most of us could possibly have sold for an ebook to make some money on their own, primarily now that you might well have tried it in case you wanted. Those tricks as well acted to become fantastic way to recognize that someone else have a similar desire really like my very own to understand a lot more in respect of this condition. I think there are numerous more pleasant sessions up front for individuals that read your site.

  • viagra

    You can definitely see your expertise in the work you write. The world hopes for more passionate writers like you who are not afraid to say how they believe. Always follow your heart.

  • 메이저사이트추천

    With havin so much content do you ever run into any problems of plagorism or copyright infringement? My site has a lot of completely unique content I’ve either created myself or outsourced but it seems a lot of it is popping it up all over the internet without my authorization. Do you know any solutions to help stop content from being ripped off? I’d certainly appreciate it.

  • lifeguard classes

    I’m extremely impressed with your writing skills and also with the layout on your weblog. Is this a paid theme or did you modify it yourself? Either way keep up the excellent quality writing, it’s rare to see a nice blog like this one these days..

  • 먹튀폴리스 사이트

    Interesting post made here. One thing I would like to say is that often most professional domains consider the Bachelor’s Degree like thejust like the entry level requirement for an online college diploma. Although Associate Diplomas are a great way to start out, completing your own Bachelors opens many entrances to various employment opportunities, there are numerous online Bachelor Diploma Programs available from institutions like The University of Phoenix, Intercontinental University Online and Kaplan. Another thing is that many brick and mortar institutions present Online versions of their college diplomas but usually for a substantially higher fee than the firms that specialize in online diploma plans.

  • neonbox purwokerto

    Do you mind if I quote a couple of your posts as long as I provide credit and sources back to your site? My website is in the exact same niche as yours and my visitors would genuinely benefit from a lot of the information you provide here. Please let me know if this ok with you. Thanks!

  • judi togel keluar

    Ignatius Piazza, the Millionaire Patriot, wants you to see the most awe inspiring reality show series ever, called Front Sight Challenge. Cherry blossom tattoos represent different things in different cultures. These art reproductions of paintings printed on canvas sheets or paper after which framed and hung on walls.

  • sewa mobil di bandar lampung

    Good web site! I truly love how it is simple on my eyes and the data are well written. I’m wondering how I could be notified when a new post has been made. I’ve subscribed to your RSS feed which must do the trick! Have a great day!

  • judi bola

    I precisely had to say thanks yet again. I do not know the things I would’ve undertaken in the absence of those smart ideas shared by you over such a subject matter. Completely was a alarming scenario in my position, however , discovering a new professional avenue you resolved it made me to leap with fulfillment. I’m thankful for the service and then pray you comprehend what an amazing job you are carrying out instructing people today by way of your webblog. I am sure you haven’t come across all of us.

  • situs judi online

    Hey are using WordPress for your blog platform? I’m new to the blog world but I’m trying to get started and create my own. Do you need any coding expertise to make your own blog? Any help would be greatly appreciated!

  • judi bola online

    I do not even understand how I finished up here, however I believed this publish used to be good. I don’t recognise who you’re however certainly you’re going to a famous blogger if you aren’t already 😉 Cheers!

  • judi bola online

    you’re in reality a just right webmaster. The website loading pace is incredible. It kind of feels that you’re doing any distinctive trick. In addition, The contents are masterpiece. you have performed a excellent task on this subject!

  • 메이저토토

    You really make it seem so easy with your presentation but I find this topic to be really something which I think I would never understand. It seems too complex and very broad for me. I’m looking forward for your next post, I’ll try to get the hang of it!

  • 토토사이트 추천

    I’m really impressed with your writing skills and also with the layout on your weblog. Is this a paid theme or did you modify it yourself? Either way keep up the nice quality writing, it’s rare to see a great blog like this one nowadays..

  • smco magnets

    There are actually quite a lot of particulars like that to take into consideration. That may be a nice level to carry up. I offer the thoughts above as basic inspiration however clearly there are questions like the one you deliver up the place an important thing will probably be working in sincere good faith. I don?t know if finest practices have emerged around issues like that, but I am positive that your job is clearly identified as a fair game. Each boys and girls feel the affect of just a second’s pleasure, for the remainder of their lives.

  • 먹튀검증

    I acquired more interesting things on this losing weight issue. A single issue is a good nutrition is especially vital whenever dieting. A huge reduction in fast foods, sugary meals, fried foods, sweet foods, red meat, and white-colored flour products may be necessary. Retaining wastes bloodsuckers, and wastes may prevent objectives for losing weight. While specific drugs for the short term solve the issue, the bad side effects aren’t worth it, and they also never supply more than a short-lived solution. It can be a known indisputable fact that 95 of fad diet plans fail. Many thanks for sharing your notions on this web site.

  • bandar bola online

    My partner and I stumbled over here coming from a different page and thought I might as well check things out. I like what I see so now i’m following you. Look forward to finding out about your web page for a second time.

  • agb365

    I like what you guys are up also. Such smart work and reporting! Keep up the superb works guys I have incorporated you guys to my blogroll. I think it will improve the value of my site 🙂

  • bandarq online

    great put up, very informative. I ponder why the other specialists of this sector do not notice this. You should proceed your writing. I’m sure, you have a great readers’ base already!

  • dominoqq online

    I think this is among the most vital information for me. And i am glad reading your article. But should remark on some general things, The web site style is great, the articles is really nice : D. Good job, cheers

  • custom tees

    Nice post. I was checking constantly this weblog and I am impressed! Extremely useful information particularly the final part 🙂 I care for such info much. I was seeking this particular info for a long time. Thanks and good luck.

  • clothing

    Thank you, I have just been looking for information about this subject for a long time and yours is the best I have found out so far. However, what concerning the conclusion? Are you positive about the supply?

  • 메이저 사이트

    My brother suggested I might like this website. He was totally right. This post actually made my day. You can not imagine simply how much time I had spent for this info! Thanks!

  • 먹튀 폴리스

    I know this if off topic but I’m looking into starting my own weblog and was curious what all is required to get setup? I’m assuming having a blog like yours would cost a pretty penny? I’m not very internet smart so I’m not 100 sure. Any suggestions or advice would be greatly appreciated. Thanks

  • nonton film

    I simply wanted to post a brief word to be able to appreciate you for some of the pleasant solutions you are giving out here. My long internet look up has now been compensated with awesome details to write about with my good friends. I ‘d say that many of us website visitors are unequivocally endowed to exist in a magnificent website with very many brilliant individuals with helpful secrets. I feel truly fortunate to have used the webpages and look forward to plenty of more enjoyable minutes reading here. Thanks a lot once more for everything.

  • lk21

    Youre so cool! I dont suppose Ive learn anything like this before. So nice to seek out someone with some unique ideas on this subject. realy thank you for beginning this up. this web site is one thing that is wanted on the net, somebody with slightly originality. helpful job for bringing one thing new to the internet!

  • 먹튀검증

    Good site! I truly love how it is simple on my eyes and the data are well written. I am wondering how I might be notified whenever a new post has been made. I have subscribed to your RSS feed which must do the trick! Have a nice day!

  • 먹튀폴리스 사이트

    Wonderful beat ! I would like to apprentice while you amend your site, how could i subscribe for a blog website? The account aided me a acceptable deal. I had been tiny bit acquainted of this your broadcast provided bright clear idea

  • งานแต่งงาน

    Just wanna comment on few general things, The website design is perfect, the written content is very excellent. “By following the concept of ‘one country, two systems,’ you don’t swallow me up nor I you.” by Deng Xiaoping.

  • 메이저토토

    Howdy! I just would like to give an enormous thumbs up for the nice info you have right here on this post. I will likely be coming again to your weblog for extra soon.

  • obat kuat alami

    I’m not sure why but this site is loading incredibly slow for me. Is anyone else having this problem or is it a problem on my end? I’ll check back later and see if the problem still exists.

  • obat kuat

    I would like to thnkx for the efforts you have put in writing this website. I am hoping the same high-grade site post from you in the upcoming also. In fact your creative writing abilities has inspired me to get my own blog now. Actually the blogging is spreading its wings rapidly. Your write up is a great example of it.

  • 토토사이트

    Wow! This could be one particular of the most useful blogs We have ever arrive across on this subject. Basically Wonderful. I am also an expert in this topic so I can understand your effort.

Comments are closed.

Contact

If you would like further information or require assistance, please get in touch.

ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

    Disclaimer