Car Accidents and ICBC Insurance Breaches

An average of 820 car accidents occur in BC every day. Drivers buy insurance so that they are covered in case of an accident. However, insurance claims are investigated and denied by ICBC for many reasons. The lawyers at Filkow Law can assist you in enforcing your legal rights under your insurance contract. If you have been in an accident and need assistance with your insurance coverage, contact our office.

ICBC Breaches

Car insurance is a contract between a driver and ICBC. If ICBC determines you have breached that contract, ICBC will not extend insurance coverage which means you will be responsible for all damages to your vehicle, other vehicles, any personal injury claims and property damage. There are many ways you may be found in breach by ICBC including:

  • failing to cooperate with an ICBC investigation
  • providing a false statement to ICBC
  • incapacity from drugs or alcohol
  • misrepresenting who the principal operator is or your rate class
  • driving without consent of the owner
  • failing to comply with the conditions of the driver’s licence
  • failing to remain at the scene of an accident
  • street racing
  • evading the police
  • trading or transporting illicit goods
  • a finding that a registered owner permitted a driver to do any of the above

The lawyers at Filkow Law assist drivers with reporting an accident and providing a statement and follow up, handling any breach investigation and potential litigation, negotiating any debt owing to ICBC if insurance coverage is denied.

Reporting the Accident and Providing a Statement

Every insured driver has a duty to report an accident to ICBC. After the initial report, ICBC often requests further details about the circumstances of the accident.

When and what you report to ICBC is critical. It is important to know your rights and the issues regarding making a statement and ongoing communications with ICBC. The lawyers at Filkow Law assist clients daily in communicating with ICBC.

The Investigation

If ICBC believes you may have breached your insurance contract, ICBC can and will investigate. ICBC frequently hires private investigators to investigate a claim. ICBC may have access to a number of types of evidence including witness evidence, cell phone and video evidence, and any statements you have made to ICBC or other people.

ICBC can also compel you to make a statement under oath and question you under oath about the accident. Any false statement can not only lead to a breach of ICBC insurance coverage but may also lead to potential charges under the Criminal Code or the Insurance Vehicle Act of BC.

The lawyers at Filkow Law have successfully negotiated ICBC insurance coverage for hundreds of clients who are under investigation by ICBC.

ICBC Debt

If you have been denied insurance coverage by ICBC, you will be responsible for all amounts paid out to other people for their injuries, vehicles, and property.

If you do not pay, ICBC can withhold your driver’s licence and insurance and ICBC will take collection action.

The lawyers at Filkow Law have favorably resolved hundreds of ICBC debt cases.

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