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Difference between revisions of "When You Can Still Sue (12:VII)"
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When You Can Still Sue (12:VII) (view source)
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{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= July 18, 2021}} | ||
{{LSLAP Manual TOC|expanded = ICBC}} | {{LSLAP Manual TOC|expanded = ICBC}} | ||
{{LSLAP 12 New System Notice}} | {{LSLAP 12 New System Notice}} | ||
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(ii) results in the person's conviction of a prescribed Criminal Code offence; [(s 12 of the IVR sets out prescribed Criminal Code offences)] </blockquote> | (ii) results in the person's conviction of a prescribed Criminal Code offence; [(s 12 of the IVR sets out prescribed Criminal Code offences)] </blockquote> | ||
g) a person in a prescribed class of persons. [(s 13 of the IVR further defines this)] </blockquote> | g) a person in a prescribed class of persons. [(s 13 of the IVR further defines this)] </blockquote> | ||
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). | |||
==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. | |||
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. | |||
==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. | |||
{{LSLAP Manual Navbox|type=chapters8-14}} | {{LSLAP Manual Navbox|type=chapters8-14}} | ||
