Difference between revisions of "ICBC and Basic Coverage (12:III)"
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ICBC will not indemnify the claimant for amounts that the claimant can claim through, “any benefit, compensation similar to benefits, right to indemnity or claim to indemnity” that the claimant is entitled to (''IVR'', s 106(1)). This includes benefits such as those available under the ''Workers Compensation Act'' and ''the Employment Insurance Act.'' | ICBC will not indemnify the claimant for amounts that the claimant can claim through, “any benefit, compensation similar to benefits, right to indemnity or claim to indemnity” that the claimant is entitled to (''IVR'', s 106(1)). This includes benefits such as those available under the ''Workers Compensation Act'' and ''the Employment Insurance Act.'' | ||
'''Obligations of the insured | '''Obligations of the insured in unidentified motorist cases:''' It is critical that, to claim coverage, the insured must have: | ||
:(a) '''Within 48 hours after the discovery of the damage''', made a report to the police of the circumstances in which the damage occurred, | |||
:(b) Obtained the police case file number for the report, and | |||
(b) | :(c) On request of the corporation, advised the corporation of the police case file number. | ||
:(''IVR'', s 107(1)) | |||
(c) | |||
(''IVR'', s 107(1)) | |||
In addition, in order for a claimant to make a claim or get a judgment against ICBC in unidentified motorist cases, the court must first be satisfied that all reasonable efforts have been made to ascertain the identity of the owner and/or driver (''IVA'', s 24(5)). See [[ICBC and Compulsory Coverage (12:X)|Part II, Section IX.D.ii]] of this manual for more details on the case law in relation to this requirement. | In addition, in order for a claimant to make a claim or get a judgment against ICBC in unidentified motorist cases, the court must first be satisfied that all reasonable efforts have been made to ascertain the identity of the owner and/or driver (''IVA'', s 24(5)). See [[ICBC and Compulsory Coverage (12:X)|Part II, Section IX.D.ii]] of this manual for more details on the case law in relation to this requirement. | ||