28 - Friday, September 27, 1991 — North Shore News Ken Hardie INSURANCE AUTOTOPIC SETTLING CLAIMS resulting from motor vehicle mishaps can often involve the difficult process of determining legal liability, or ‘‘fault.’’ This week, we'll look at some aspects of lia- bility and how ICBC ad- justers handle this issue. In 95% of ICBC claims, one motorist is assessed 100% liability. Three per cent of claims involve a 50/50 split between motorists and in the other 2% it’s 75/25. Improvements don’t mean sacrificing tradition From page 23 getting the job done without working very hard. Though the 88 has no tachometer (on the base model), 1 would guess that the engine is turning over less than 2000 rpm at 100 km/h, one reason the engine is so quiet and ef- fortless. The four-speed ‘‘Tur- bo-Hydramatic’’ automatic transmission, which became elec- tronically controlled last year, uses computer-controlled solenoids to make shifts smoother. 1 continue to be impressed with this drivetrain each time I drive it. A couple of new technical features are available on the '92 Oldsmobile 88. ABS anti-lock hrakes, which prevent the tires from skidding under heavy brak- ine, are standard on the LS model! and optional on the base model. Traction control, which stops the driving wheels from spinning under acceleration, is an option on both models. These two safety features are well worth considering for winter driving, especially in a big, heavy car like this. If you do order them, | recommend you take a specialized driving course in order to learn how to use them proper- ly. These safety systems will only help you if you know how to use them, The 88's trunk is 8% bigger than last year’s model: 501 litres vs. 462 litres. In addition, the in- terior hinges don't intrude on trunk space and the new trunklid extends down to bumper level height for easier loading. All of these improvements have given the Oldsmobile 88 a new image and improved performance without sacrificing its traditional attributes. Liability - the test of a reasonable person Anyone assessed more than 25% responsibility will lose dis- count levels on ICBC’s Claim- Rated Scale and will face higher auto insurance premiums. When assessing liability in a motor vehicle mishap, ICBC ad- justers must take their lead from previous civil court decisions on similar cases. Civil causes involve reviewing details of the incident and asking the simple question, “What would a reasonable person have done in this situation and, did the motorist(s) involved act reasonably?’’ Applying this ‘‘test’’ could -result in someone who obeyed the law being found liable for an ac- cident in a civil court. For instance, if a vehicle stalled and was abandoned in the middic of an intersection, it would not be reasonable for someone coming through legally on a green light to plow into it. Likewise, someone who was injured due to the fault of another motorist but who was not wearing a safety belt would likely be found partially liable for the injuries he or she suffered. Given the incredible array of circumstances that can be factors in a motor vehicle mishap, it is fo! surprising that some motorists found liable disagree with that assessment. There are a number of steps a person in this situation can take. If the accident involves property damage only (no one has been in- jured) the motorist wishing to challenge a liability assessment can request a review of his or her claim. ICBC has prepared a brochure entitled The Claims Review Procedure — What to do if you disagree with your claims settlement which describes the review process. Copies are avail- abie at Autoplan Brokers or any ICBC claims facility. If this step does not resolve the dispute or if there have been inju- ties in the mishap, the next step is to take court action and have a judge make a ruling based on the specific facts of the incident. lf the judge rules that liability should be apportioned differently, ICBC will be bound by that deci- sion. In addition, we will refer to it in assessing liability in future claims involving similar evidence.