Working with a Lawyer vs an Adjuster

Adjusters are constrained in how they make a ruling on a claim. Their job is to figure out who was at fault for the collision and failing that, apportion the fault equally between the parties. Adjusters can take the written accounts of each party, the statements of witnesses and police officers, and they can assess the particulars of the collision, such as the direction vehicles were travelling, whether they were turning or changing lanes, and evidence of braking (skid marks) .

One thing they are not allowed to do is decide whether one account is truthful and another is not, or take the testimony of passengers to corroborate the driver's statements. If the accounts differ and the evidence does not wholly support one claim then the ruling may be that both parties are at fault. It may be quite clear that one party's statement does not add up, but there is nothing that the adjuster can do about that.

The adjuster that works on your claim is not working on your behalf. He or she is working to find a settlement that satisfies all of ICBC's commitments. Most people who deal only with an adjuster will likely receive less than someone who works with a lawyer that is experienced with ICBC and its processes.

Courts are another matter. A judge can examine all the testimony including passenger's statements and make a ruling that runs counter to the adjuster's decision, and carries more force in law. In effect the decision of the judge can trump the decision of the adjuster.

Often when being represented by a competent lawyer it will not even be necessary to take the matter to court. A good lawyer can gather and present testimony and evidence to the adjuster to prove the validity of the claim. ICBC will settle knowing that if the case does go to court they will not only lose, but will also be burdened with the court costs.

Things to be aware of about the adjuster

• The adjuster does not work for you.
• The insurance adjuster may try to get you to say things or agree to things that can later be used to deny or reduce your claim.
• The adjuster may try to get you to sign something that can later be used to deny or reduce your claim.
• The adjuster may try to deduct things such as EI payments from your claim (this is illegal)
• What you say to an adjuster can be used against you in a court of law.
• The adjuster may try to discourage or even prevent you from speaking to a lawyer.
• Even if the adjuster seems like a nice person, they are not on your side. Their loyalty is to ICBC, not you.

Next ... What to do if you are in an collision.