Someone crashed into my car. Who pays for the damage, and what if the other driver is uninsured?

Key points

• Report to ICBC and check your Basic and optional policies; ordinary qualifying BC car claims start with your own coverage.
• Basic Vehicle Damage covers the eligible not-responsible share, with a $200,000 vehicle limit; your own coverage and exclusions matter.
• An identified uninsured driver is different from an unidentified hit-and-run; the latter requires its own optional coverage check.
• Preserve safe evidence, notify promptly, supply required proof and get approval before non-emergency repairs.
• Vehicle value and rental entitlement have limits; get the written calculation and approval before committing to a rental.
• Protect both 90-day fault-dispute steps, measured from the dates of CL281 and CL722; the CRT onus has two parts.
• Unresolved Basic repair/value disputes require arbitration within two years of the accident; other disputes and action limits differ.

Someone hit my car. Who pays in BC?

Someone hits your car in British Columbia. Do you chase their insurer? Report the crash to ICBC first. For a qualifying BC road collision, your own Basic Vehicle Damage coverage is the starting point. But a known uninsured driver and an unidentified hit-and-run are different problems. This is about recent crashes and damage to your car.

Sources: S1, S2, S4

What does Basic Vehicle Damage cover?

Basic Vehicle Damage pays the covered share for which you are not responsible, up to two hundred thousand dollars for the vehicle. Ordinary Basic coverage has no deductible. It can include permanently attached equipment and separate loss-of-use benefits. Your car must qualify, and coverage conditions still matter. Being blameless does not override every exclusion.

Sources: S1, S2, S4, S5, S3

What if the other driver is uninsured?

An identified driver’s lack of insurance does not automatically prevent your Basic Vehicle Damage claim. The law does not make the other driver’s insurance a universal condition of your coverage. ICBC may have recovery rights against them. Give ICBC their details. If your own insurance had expired, get advice: suing the other driver is not a guaranteed substitute.

Sources: S1, S2

What if responsibility is shared?

Imagine six thousand dollars of covered damage and fifty percent responsibility. Basic would cover three thousand dollars, assuming no other reduction applies. Optional collision may cover the remaining share, subject to its terms and deductible. Without that optional cover, you may pay that part yourself. Fault still matters for the repair bill.

Sources: S1, S2, S6, S7

What if nobody can identify the hit-and-run driver?

An unidentified hit-and-run is different. Basic alone does not pay that vehicle damage. Purchased collision coverage may respond. ICBC’s separate optional Hit and Run coverage has a limit of two hundred thousand dollars and a deductible of seven hundred and fifty dollars for qualifying BC highway incidents. Make reasonable efforts to identify the driver. Do not confuse protection for a damaged fence with cover for your car.

Sources: S1, S8, S9, S10, S7

What should I do before repairs?

Report promptly. Keep photographs, witness details, dashcam footage and receipts. For a hit-and-run, tell police if someone was injured or you have a suspect. Protect the car from further damage. Get approval before ordinary repairs or removing evidence. Basic rules also require written proof of loss within ninety days; confirm what ICBC needs now.

Sources: S2, S10, S11, S12

Does the payout buy a new car?

A write-off does not automatically buy you a new car or clear your loan. Basic generally pays the lower of appropriate repair or replacement cost and actual cash value, within its limit. Ask for the valuation and compare similar vehicles. Special optional endorsements may change your entitlement.

Sources: S2, S17, S11

Can I hire a replacement car?

Ask ICBC to approve a similar rental before booking it. Covered transport must be reasonable. Basic loss-of-use benefits can end when repairs are substantially complete or ICBC offers to settle, whichever comes first, unless extended. Disputing the offer does not automatically keep the rental running.

Sources: S2, S12

How do I dispute ICBC’s fault assessment?

For a fault dispute, protect two separate ninety-day steps. ICBC must receive your written request for a detailed assessment within ninety days after the date of its C L two-eight-one notification. After receiving the C L seven-two-two assessment, apply to the Civil Resolution Tribunal within ninety days after the date on that assessment. Informal discussions do not suspend those clocks.

Sources: S13, S14, S15, S16

Is disagreeing with fault enough?

Disagreement alone is not enough. In that tribunal claim, you must prove both that ICBC acted improperly or unreasonably and that your responsibility was lower. Ask for the evidence and reasoning behind the assessment. A fault determination does not automatically require payment of every disputed repair or rental charge.

Sources: S14, S15

What if the dispute is about vehicle value?

A Basic repair-cost or vehicle-value dispute has a different route. If unresolved, it must go to arbitration, submitted within two years of the accident. You and ICBC share arbitration costs. Other coverage, money and court claims can have different rules. Get the refusal and reasons in writing, identify the correct route, and seek advice before the deadline.

Sources: S2, S17, S18, S15

Your next steps

1. Report the collision, preserve photographs and driver or witness information, and notify any private optional insurer.
2. Ask for the coverage, responsibility percentage, deductible, repair or total-loss valuation and rental approval in writing.
3. Identify the right dispute route promptly and protect its deadline while collecting the evidence needed to support it.

Sources and publication

Full primary-source research: 6 September 2026. Targeted production checks: 8 September 2026. Publication-date checks and any source-access limitations are separately recorded; these dates do not imply that every source was reviewed again.

• S1. British Columbia — Insurance (Vehicle) Act

  20(0.1)–(2); 24(1)–(5); Part 11, especially 170–175 and 177–179. Actual official text retrieved and relevant provisions read 6 September 2026; consolidation current to 1 September 2026..
  First-party Basic Vehicle Damage, eligible and included vehicles, fault reductions, ordinary highway tort bar and exceptions, identified-uninsured distinction and separate non-vehicle property scheme.

• S2. British Columbia — Basic Vehicle Damage Coverage Regulation

  1–5; 8–15; 17–24; 26–26.1; 28–32. Actual official text retrieved and relevant provisions read 6 September 2026; current to 1 September 2026, last amended 30 June 2025 by Regulation 64/2025..
  Notice and 90-day proof; inspection and repairs; lesser of similar-quality repair/replacement and actual cash value, $200,000 vehicle limit; distinct loss of use; exclusions, valuation arbitration and different limitation triggers.

• S3. ICBC — Basic Vehicle Damage coverage

  Coverage amount and responsibility allocation. Current official operational guidance retrieved and read 6 September 2026. Marketing cost-saving claims excluded..
  Basic Vehicle Damage pays the covered not-responsible share, up to the vehicle limit; distinguish optional coverage.

• S4. ICBC — Basic insurance

  Basic Vehicle Damage and related basic coverage. Live official webpage retrieved 6 September 2026; relevant coverage section checked alongside the actual Act and regulation..
  Ordinary Basic Vehicle Damage coverage and $200,000 vehicle limit; injury protection is a separate question.

• S5. ICBC — Autoplan Insurance brochure

  Printed pages 9–13, especially page 10 (PDF page 15). Actual official PDF downloaded; relevant coverage pages read 6 September 2026. No unverified publication date assigned; unrelated older wording is not adopted..
  Ordinary Basic Vehicle Damage has no deductible and covers the vehicle and permanently attached equipment. Current legislation governs loss-of-use end dates and tort restrictions.

• S6. ICBC — Shared or undetermined responsibility

  Vehicle damage where responsibility is shared. Current official webpage retrieved and relevant vehicle-damage section read 6 September 2026..
  Basic covers the not-responsible share; optional collision and its deductible concern the remaining covered share. No automatic premium prediction.

• S7. ICBC — Collision coverage

  Optional collision perils and deductibles. Live official coverage page retrieved and read 6 September 2026..
  Optional collision can cover vehicle collisions, objects, overturning and hit-and-runs, subject to contract terms; basic and comprehensive are not substitutes for purchased collision.

• S8. ICBC — Hit and Run coverage

  Optional coverage, $200,000 limit and $750 deductible. Live official coverage page retrieved and read 6 September 2026; actual addendum checked separately..
  Separate optional hit-and-run cover for qualifying BC highway incidents; Basic alone does not pay unidentified-driver vehicle damage.

• S9. ICBC — Autoplan Optional Policy Hit and Run Coverage addendum

  Entire one-page APG33M (112024). Actual official PDF downloaded, extracted and read in full 6 September 2026..
  Purchased-premium condition; BC highway; qualifying unknown owner/driver situations; reasonable identification efforts; unknown-responsible percentage; $200,000 limit; other insurance is primary and no payment of its deductible.

• S10. ICBC — Hit and run claims

  Reporting, reasonable identification efforts, evidence, repairs and coverage comparison. Actual live official webpage retrieved and relevant claim body read 6 September 2026..
  Record safe evidence, make reasonable identification efforts and notify promptly; police if a suspect or injury; get repair approval. Six-month guide wording is not treated as permission to postpone prompt notice or 90-day proof.

• S11. ICBC — Autoplan Optional Policy

  Division 5, 5.2–5.5; Division 8, conditions 5–11, read with current addenda. Actual base policy PDF downloaded and relevant sections read 6 September 2026. Base policy dates to 2007 and is not treated as the complete current contract by itself..
  Purchased vehicle-damage perils, deductible, reporting, evidence, cash value and dispute terms; current addenda and regulation must be applied.

• S12. ICBC — Autoplan Optional Policy consolidated addendum

  Definitions; Division 5, 5.14 and 5.16–5.17; Division 8 changes including conditions 4–5. Actual six-page PDF retrieved; relevant amended terms read 6 September 2026. File footer APG33N (012025), not inferred from URL..
  Current optional loss-of-use and reporting/repair terms. Theft-specific timing is not applied to all hit-and-run claims; optional coverage exclusions remain distinct from Basic statutory discretion.

• S13. British Columbia — Insurance (Vehicle) Regulation, Part 10.1

  148.8(1)–(3), entire Part 10.1. Actual official text retrieved and read in full 6 September 2026; consolidation current to 1 September 2026, regulation last amended 1 April 2026..
  CL281 notification; written CL722 request must be received within 90 days after CL281 date; receipt of CL722 is required before tribunal responsibility proceedings.

• S14. British Columbia — Accident Claims Regulation

  Part 2, 8–10, read in full. Actual current official text retrieved and operative provisions read 6 September 2026..
  CRT responsibility request within 90 days after the date of CL722; claimant must prove both improper/unreasonable assessment and a lower responsibility share.

• S15. British Columbia — Civil Resolution Tribunal Act

  13.5; 132–134. Actual official text retrieved; relevant sections read 6 September 2026; current consolidation to 1 September 2026..
  Responsibility jurisdiction is distinct from monetary small claims and vehicle valuation arbitration; arbitration claims excluded from accident-claims jurisdiction.

• S16. ICBC — Responsibility assessment disputes

  Representative, manager, Responsibility Review Team and CRT steps. Current official webpage retrieved and read 6 September 2026. Its receipt-based shorthand conflicts with the date-based regulatory trigger; actual legislation controls this script..
  Practical internal review route, separate from the two statutory 90-day steps; no suggestion that informal discussion suspends the deadlines.

• S17. ICBC — Vehicle valuation disputes

  Representative, supervisor, manager, arbitration and reliable evidence. Actual live official webpage retrieved and read 6 September 2026. Linked two-page ADRBC rules revised July 2023 also read; those cite optional-policy Regulation 176 and are not substituted for Basic Regulation 28–32..
  Ask for valuation basis and use comparable evidence. Cost-sharing arbitration route; no claim that every insurance disagreement belongs to arbitration or that a manager can veto statutory referral.

• S18. British Columbia — Insurance (Vehicle) Regulation, Part 13

  169; 176–177. Actual official text retrieved; relevant provisions read 6 September 2026; consolidation current to 1 September 2026..
  Optional vehicle value/repair disputes have their own mandatory arbitration provisions, two-year loss/damage referral limit and equal arbitration cost-sharing. Do not conflate every action limit with this referral limit.

• S19. British Columbia — Order in Council 350/2026, Regulation 134/2026

  Commencement paragraph and Schedules 1–2, PDF pages 1–2. Actual ten-page official PDF retrieved 6 September 2026; relevant commencement and insurance amendments read. Ordered 20 July; effective 19 October 2026, not yet in force. Identified through the official 2026 cumulative bulletin current to 1 September..
  Future amendments change learner/new-driver restriction cross-references in Basic Regulation 26/27 and optional prescribed conditions. Not treated as current law; refresh exclusions and source review before 19 October publication.

• S20. Legal Hotline — Canada

  Service FAQ; contact; footer. Live site checked 6 September 2026..
  Canada number 1-855-529-1555; free AI general information; separate lawyer matching; Platfirm AI service. No response-time, booking guarantee or outcome claim used.

Full transcript

someone hits your car in British Columbia. Do you chase their insurer? Report the crash to ICBC first. For a qualifying BC road collision, your own basic vehicle damage coverage is the starting point. But a known uninsured driver and an unidentified hit-and-run are different problems.

This is about recent crashes and damage to your car. Basic vehicle damage pays the covered share for which you are not responsible, up to $200 ,000 for the vehicle. Ordinary basic coverage has no deductible. It can include permanently attached equipment and separate loss of use benefits.

Your car must qualify, and coverage conditions still matter. Being blameless does not override every exclusion. An identified driver's lack of insurance does not automatically prevent your basic vehicle damage claim. The law does not make the other driver's insurance a universal condition of your coverage.

ICBC may have recovery rights against them. Give ICBC their details. If your own insurance had expired, get advice, suing the other driver is not a guaranteed substitute. Imagine $6 ,000 of covered damage and 50 % responsibility. Basic would cover $3 ,000, assuming no other reduction applies.

Optional collision may cover the remaining share, subject to its terms and deductible. Without that optional cover, you may pay that part yourself. Fault still matters for the repair bill. An unidentified hit and run is different. Basic alone does not pay that vehicle damage.

Purchased collision coverage may respond. ICBC's separate optional hit and run coverage has a limit of $200 ,000 and a deductible of $750 for qualifying BC highway incidents. Make reasonable efforts to identify the driver. Do not confuse protection for a damaged fence with cover for your car.

Report promptly. Keep photographs, witness details, dashcam footage, and receipts. For a hit and run, tell police if someone was injured or you have a suspect. Protect the car from further damage. Get approval before ordinary repairs or removing evidence. Basic rules also require written proof of loss within 90 days.

Confirm what ICBC needs now. A write-off does not automatically buy you a new car or clear your loan. Basic generally pays the lower of appropriate repair or replacement cost and actual cash value within its limit. Ask for the valuation and compare similar vehicles.

Special optional endorsements may change your entitlement. Ask ICBC to approve a similar rental before booking it. Covered transport must be reasonable. Basic loss of use benefits can end when repairs are substantially complete or ICBC offers to settle, whichever comes first, unless extended.

Disputing the offer does not automatically keep the rental running. For a fault dispute, protect two separate 90-day steps. ICBC must receive your written request for a detailed assessment within 90 days after the date of its CL 281 notification. After receiving the CL 722 assessment, apply to the Civil Resolution Tribunal within 90 days after the date on that assessment.

Informal discussions do not suspend those clocks. Disagreement alone is not enough. In that tribunal claim, you must prove both that ICBC acted improperly or unreasonably and that your responsibility was lower. Ask for the evidence and reasoning behind the assessment.

A fault determination does not automatically require payment of every disputed repair or rental charge. A basic repair cost or vehicle value dispute has a different route. If unresolved, it must go to arbitration submitted within two years of the accident. You and ICBC share arbitration costs.

Other coverage, money, and court claims can have different rules. Get the refusal and reasons in writing, identify the correct route, and seek advice before the deadline. For free general legal information, Legal Hotline's Canada number is on your screen now. Legal Hotline is not a law firm.

Its information line uses AI. Lawyer matching is a separate service, subject to availability and acceptance. For advice on your own situation, speak with a lawyer in your province. In immediate danger, contact emergency services.

Author, publication and corrections

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Legal Hotline is not a law firm. Its free information line uses AI to provide general legal information. Lawyer matching is separate, subject to availability and acceptance. For advice about your circumstances, consult a lawyer in your province or territory.

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