When You Can Still Sue (12:VII) - Revision history

LSLAP at 20:11, 13 October 2025

2025-10-13T20:11:18Z

← Older revision		Revision as of 20:11, 13 October 2025
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	:(c) A maker or supplier of vehicle parts, respecting its business activities and role as a maker or supplier;		:(c) A maker or supplier of vehicle parts, respecting its business activities and role as a maker or supplier;
	:(d) A garage service operator, respecting its business activities and role as a garage service operator;		:(d) A garage service operator, respecting its business activities and role as a garage service operator;
	:(e) A licensee within the meaning of the Liquor Control and Licensing Act whose licence authorizes a patron to consume liquor in the service area under the licence, respecting the licensee's role as a licensee in the sale or service of liquor to a patron;		:(e) A licensee within the meaning of the ''Liquor Control and Licensing Act'' whose licence authorizes a patron to consume liquor in the service area under the licence, respecting the licensee's role as a licensee in the sale or service of liquor to a patron;
	:(f) A person whose use or operation of a vehicle		:(f) A person whose use or operation of a vehicle
	::(i) Caused bodily injury, and		::(i) Caused bodily injury, and

LSLAP at 20:10, 13 October 2025

2025-10-13T20:10:43Z

@@ Line 16: / Line 16: @@
 :(f)	A person whose use or operation of a vehicle
 ::(i) Caused bodily injury, and
-::(ii) Results in the person's conviction of a prescribed Criminal Code offence; [(s 12 of the IVR sets out prescribed Criminal Code offences)]
+::(ii) Results in the person's conviction of a prescribed ''Criminal Code'' offence; [(s 12 of the ''IVR'' sets out prescribed Criminal Code offences)]
-:(g)	A person in a prescribed class of persons. [(s 13 of the IVR further defines this)].
+:(g)	A person in a prescribed class of persons. [(s 13 of the ''IVR'' further defines this)].
 Note that the government has reserved the right to pass new regulations restricting s 116(a) - 116(e). They also reserve the right to pass further regulations clarifying exceptions under s 116 (g).

LSLAP at 19:23, 13 October 2025

2025-10-13T19:23:29Z

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	{{REVIEWED LSLAP \| date= August ~~6, 2024~~}}		{{REVIEWED LSLAP \| date= 1 August 2025}}
	{{LSLAP Manual TOC\|expanded = ICBC}}		{{LSLAP Manual TOC\|expanded = ICBC}}

LSLAP at 23:34, 28 September 2025

2025-09-28T23:34:29Z

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	{{REVIEWED LSLAP \| date= August 6, 2024}}		{{REVIEWED LSLAP \| date= August 6, 2024}}
	{{LSLAP Manual TOC\|expanded = ICBC}}		{{LSLAP Manual TOC\|expanded = ICBC}}
	~~{{LSLAP 12 New System Notice}}~~
			'''This section applies to all claims for accidents that occurred on or after May 1, 2021.'''

	==A. Injuries from an Accident==		==A. Injuries from an Accident==

LSLAP at 17:46, 7 August 2024

2024-08-07T17:46:35Z

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	{{REVIEWED LSLAP \| date= August 1, ~~2023~~}}		{{REVIEWED LSLAP \| date= August 6, 2024}}
	{{LSLAP Manual TOC\|expanded = ICBC}}		{{LSLAP Manual TOC\|expanded = ICBC}}
	{{LSLAP 12 New System Notice}}		{{LSLAP 12 New System Notice}}

LSLAP: /* A. Injuries from an Accident */

2024-08-06T22:23:16Z

A. Injuries from an Accident

← Older revision		Revision as of 22:23, 6 August 2024
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	However, s 116(2) of the ''IVA'' outlines certain exceptions in which those injured in a motor vehicle accident can sue for certain non-pecuniary and non-compensatory damages (non-pecuniary damages are those that are difficult to assign a number value to, such as pain and suffering damages. Non-compensatory damages are those that are not meant to directly compensate for the injury, such as punitive damages, which are designed to punish the defendant). The exceptions are:		However, s 116(2) of the ''IVA'' outlines certain exceptions in which those injured in a motor vehicle accident can sue for certain non-pecuniary and non-compensatory damages (non-pecuniary damages are those that are difficult to assign a number value to, such as pain and suffering damages. Non-compensatory damages are those that are not meant to directly compensate for the injury, such as punitive damages, which are designed to punish the defendant). The exceptions are:

	:(a) a vehicle manufacturer, respecting its business activities and role as a manufacturer;		:(a) A vehicle manufacturer, respecting its business activities and role as a manufacturer;
	:(b) a person who is in the business of selling vehicles, respecting the person's business activities and role as a seller;		:(b) A person who is in the business of selling vehicles, respecting the person's business activities and role as a seller;
	:(c) a maker or supplier of vehicle parts, respecting its business activities and role as a maker or supplier;		:(c) A maker or supplier of vehicle parts, respecting its business activities and role as a maker or supplier;
	:(d) a garage service operator, respecting its business activities and role as a garage service operator;		:(d) A garage service operator, respecting its business activities and role as a garage service operator;
	:(e) a licensee within the meaning of the Liquor Control and Licensing Act whose licence authorizes a patron to consume liquor in the service area under the licence, respecting the licensee's role as a licensee in the sale or service of liquor to a patron;		:(e) A licensee within the meaning of the Liquor Control and Licensing Act whose licence authorizes a patron to consume liquor in the service area under the licence, respecting the licensee's role as a licensee in the sale or service of liquor to a patron;
	:(f) a person whose use or operation of a vehicle		:(f) A person whose use or operation of a vehicle
	::(i) ~~caused~~ bodily injury, and		::(i) Caused bodily injury, and
	::(ii) ~~results~~ in the person's conviction of a prescribed Criminal Code offence; [(s 12 of the IVR sets out prescribed Criminal Code offences)]		::(ii) Results in the person's conviction of a prescribed Criminal Code offence; [(s 12 of the IVR sets out prescribed Criminal Code offences)]
	:(g) a person in a prescribed class of persons. [(s 13 of the IVR further defines this)].		:(g) A person in a prescribed class of persons. [(s 13 of the IVR further defines this)].

	Note that the government has reserved the right to pass new regulations restricting s 116(a) - 116(e). They also reserve the right to pass further regulations clarifying exceptions under s 116 (g).		Note that the government has reserved the right to pass new regulations restricting s 116(a) - 116(e). They also reserve the right to pass further regulations clarifying exceptions under s 116 (g).

LSLAP: /* A. Injuries from an Accident */

2024-08-06T21:44:14Z

A. Injuries from an Accident

← Older revision		Revision as of 21:44, 6 August 2024
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	::(i) caused bodily injury, and		::(i) caused bodily injury, and
	::(ii) results in the person's conviction of a prescribed Criminal Code offence; [(s 12 of the IVR sets out prescribed Criminal Code offences)]		::(ii) results in the person's conviction of a prescribed Criminal Code offence; [(s 12 of the IVR sets out prescribed Criminal Code offences)]
	:(g) a person in a prescribed class of persons. [(s 13 of the IVR further defines this)]		:(g) a person in a prescribed class of persons. [(s 13 of the IVR further defines this)].

	Note that the government has reserved the right to pass new regulations restricting ss 116(a) - 116(e). They also reserve the right to pass further regulations clarifying exceptions under s 116 (g).		Note that the government has reserved the right to pass new regulations restricting s 116(a) - 116(e). They also reserve the right to pass further regulations clarifying exceptions under s 116 (g).

	These exceptions also do not apply to voluntary operators and passengers in vehicles that, “knew or ought to have known...[were] being operated without the consent of the owner, the out-of-province owner or, in the case of a leased motor vehicle, the lessee” (''IVA'', s 116(1)). This means that voluntary operators and passengers in situations where a vehicle is being operated without the owner or lessee’s consent cannot sue under the new system, even if they otherwise fit within the other exceptions outlined in s 116(2).		These exceptions also do not apply to voluntary operators and passengers in vehicles that, “knew or ought to have known...[were] being operated without the consent of the owner, the out-of-province owner or, in the case of a leased motor vehicle, the lessee” (''IVA'', s 116(1)). This means that voluntary operators and passengers in situations where a vehicle is being operated without the owner or lessee’s consent cannot sue under the new system, even if they otherwise fit within the other exceptions outlined in s 116(2).

LSLAP at 21:43, 6 August 2024

2024-08-06T21:43:24Z

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	{{LSLAP Manual TOC\|expanded = ICBC}}		{{LSLAP Manual TOC\|expanded = ICBC}}
	{{LSLAP 12 New System Notice}}		{{LSLAP 12 New System Notice}}

	~~'''This section applies to all claims for accidents that occurred on or after May 1, 2021.'''~~

	==A. Injuries from an Accident==		==A. Injuries from an Accident==

LSLAP at 18:21, 6 August 2024

2024-08-06T18:21:12Z

LSLAP at 19:09, 1 August 2023

2023-08-01T19:09:36Z

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	{{REVIEWED LSLAP \| date= August 2, ~~2022~~}}		{{REVIEWED LSLAP \| date= August 1, 2023}}
	{{LSLAP Manual TOC\|expanded = ICBC}}		{{LSLAP Manual TOC\|expanded = ICBC}}
	{{LSLAP 12 New System Notice}}		{{LSLAP 12 New System Notice}}
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	Note that the government has reserved the right to pass new regulations restricting ss 116(a) - 116(e). They also reserve the right to pass further regulations clarifying exceptions under s 116 (g).		Note that the government has reserved the right to pass new regulations restricting ss 116(a) - 116(e). They also reserve the right to pass further regulations clarifying exceptions under s 116 (g).

	These exceptions also do not apply to voluntary operators and passengers in vehicles that, “knew or ought to have known...[were] being operated without the consent of the owner, the out-of-province owner or, in the case of a leased motor vehicle, the lessee” (''IVA'', s 116(1)). This means that voluntary operators and passengers in situations where a vehicle is being operated without the owner or lessee’s consent cannot sue under the new system, even if they otherwise fit within the other exceptions ~~outline~~ in s 116(2).		These exceptions also do not apply to voluntary operators and passengers in vehicles that, “knew or ought to have known...[were] being operated without the consent of the owner, the out-of-province owner or, in the case of a leased motor vehicle, the lessee” (''IVA'', s 116(1)). This means that voluntary operators and passengers in situations where a vehicle is being operated without the owner or lessee’s consent cannot sue under the new system, even if they otherwise fit within the other exceptions outlined in s 116(2).

	==B. Vehicle Damage==		==B. Vehicle Damage==

← Older revision		Revision as of 18:21, 6 August 2024
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	{{LSLAP Manual TOC\|expanded = ICBC}}		{{LSLAP Manual TOC\|expanded = ICBC}}
	{{LSLAP 12 New System Notice}}		{{LSLAP 12 New System Notice}}

			'''This section applies to all claims for accidents that occurred on or after May 1, 2021.'''

	==A. Injuries from an Accident==		==A. Injuries from an Accident==
	~~Section 115 of the ''IVA'' states that there~~ is no longer a right of action (an ability to bring a lawsuit against someone) in British Columbia for injuries from a motor vehicle accident.		There is no longer a right of action (an ability to bring a lawsuit against someone) in British Columbia for injuries from a motor vehicle accident (''IVA'', s 115).

	However, s 116(2) of the ''IVA'' outlines certain exceptions in which those injured in a motor vehicle accident can sue for certain non-pecuniary and non-compensatory damages (non-pecuniary damages are those that are difficult to assign a number value to, such as pain and suffering damages. Non-compensatory damages are those that are not meant to directly compensate for the injury, such as punitive damages, which are designed to punish the defendant). The exceptions ~~in which a person injured in a motor vehicle accident can still bring a lawsuit for non-pecuniary and non-compensatory damages~~ are:		However, s 116(2) of the ''IVA'' outlines certain exceptions in which those injured in a motor vehicle accident can sue for certain non-pecuniary and non-compensatory damages (non-pecuniary damages are those that are difficult to assign a number value to, such as pain and suffering damages. Non-compensatory damages are those that are not meant to directly compensate for the injury, such as punitive damages, which are designed to punish the defendant). The exceptions are:

	:(a) a vehicle manufacturer, respecting its business activities and role as a manufacturer;		:(a) a vehicle manufacturer, respecting its business activities and role as a manufacturer;
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	==B. Vehicle Damage==		==B. Vehicle Damage==
	~~Sections 172 and 173 of the ''IVA'' state that there~~ is no longer a right of action (an ability to bring a lawsuit against someone) in British Columbia in most circumstances for vehicle damage occurring in accidents involving at least two cars and occurring on- and off-highway.		There is no longer a right of action (an ability to bring a lawsuit against someone) in British Columbia in most circumstances for vehicle damage occurring in accidents involving at least two cars and occurring on- and off-highway (''IVA'', s 172, 173).

	However, there are certain prescribed classes of persons who may still have an action brought against them for vehicle damage from on-highway accidents, or who may start an action for vehicle damage from off-highway accidents (''IVA'', ss 172 and 173). See the Basic Vehicle Damage Coverage Regulation ss 6(2) and 8(2) for these exceptions ~~in relation to both on-highway and off-highway accidents~~.		However, there are certain prescribed classes of persons who may still have an action brought against them for vehicle damage from on-highway accidents, or who may start an action for vehicle damage from off-highway accidents (''IVA'', s 172 and 173). See the Basic Vehicle Damage Coverage Regulation s 6(2) and 8(2) for these exceptions.

	==C. Uninsured and Unidentified Motorist Cases==		==C. Uninsured and Unidentified Motorist Cases==
	As noted in [[ICBC and Basic Coverage (12:III)\|Part I, Sections III.D and E of this manual]], in order to claim damages in uninsured and unidentified motorist cases, a claimant may be required to bring legal action against an uninsured motorist, or (in unidentified motorist cases) against ICBC as a nominal defendant. As noted, ~~under the new system~~ the coverage for uninsured and unidentified motorist accidents only applies to non-vehicle property damage caused by such accidents, so the bars on litigation for injuries and vehicle damage discussed above would not affect the ability to litigate in these cases.		As noted in [[ICBC and Basic Coverage (12:III)\|Part I, Sections III.D and E of this manual]], in order to claim damages in uninsured and unidentified motorist cases, a claimant may be required to bring legal action against an uninsured motorist, or (in unidentified motorist cases) against ICBC as a nominal defendant. As noted, the coverage for uninsured and unidentified motorist accidents only applies to non-vehicle property damage caused by such accidents, so the bars on litigation for injuries and vehicle damage discussed above '''would not affect''' the ability to litigate in these cases.


	{{LSLAP Manual Navbox\|type=chapters8-14}}		{{LSLAP Manual Navbox\|type=chapters8-14}}