5,483
edits
Difference between revisions of "ICBC and Compulsory Coverage (12:X)"
From Clicklaw Wikibooks
ICBC and Compulsory Coverage (12:X) (view source)
Revision as of 16:35, 28 October 2016
, 16:35, 28 October 2016no edit summary
Desy Wahyuni (talk | contribs) m (Desy moved page ICBC and Compulsory Autoplan Coverage (12:II) to ICBC and Compulsory Autoplan Coverage (12:III): 2016 revision) |
Desy Wahyuni (talk | contribs) m |
||
| Line 5: | Line 5: | ||
Vehicles licensed in BC are required by law to carry basic compulsory coverage, which is evidenced by a certificate of automobile insurance issued under the IVA to someone licensed under the MVA (i.e. the “insured”). | Vehicles licensed in BC are required by law to carry basic compulsory coverage, which is evidenced by a certificate of automobile insurance issued under the IVA to someone licensed under the MVA (i.e. the “insured”). | ||
'''NOTE:''' The definition of “the insured” varies somewhat from section to section in the IVA and IVR. | :'''NOTE:''' The definition of “the insured” varies somewhat from section to section in the IVA and IVR. | ||
Driving while uninsured is an offence (MVA, s 24(3)(a)) which carries a maximum penalty of a fine of up to $250 and/or imprisonment of up to three months (MVA, s 24(5)(a)). Driving an uninsured vehicle is also an offence (MVA, s 24(3)(b)) which carries a fine of at least $300 and no more than $2,000 and/or imprisonment for at least seven days and no more than six months (MVA, s 24(5)(b)). | Driving while uninsured is an offence (MVA, s 24(3)(a)) which carries a maximum penalty of a fine of up to $250 and/or imprisonment of up to three months (MVA, s 24(5)(a)). Driving an uninsured vehicle is also an offence (MVA, s 24(3)(b)) which carries a fine of at least $300 and no more than $2,000 and/or imprisonment for at least seven days and no more than six months (MVA, s 24(5)(b)). | ||
| Line 108: | Line 108: | ||
*d) an insured makes a “wilfully false statement” with respect to a claim under a plan of insurance (s 75(c)). | *d) an insured makes a “wilfully false statement” with respect to a claim under a plan of insurance (s 75(c)). | ||
'''NOTE:''' According to ''Brooks v ICBC'' (1994), 89 BCL.R. (2d) 215 (S.C), per Bouck J, the purpose of s 19(1)(e) (now IVA, s 75(c)) is to prevent intentionally deceitful misstatements for the purpose of defrauding the insurer; “exaggerated guesses” by an insured as to the value of a lost motor vehicle, or figures inserted for the purpose of goading an insurer into action, are insufficient to deny coverage unless a fraudulent purpose on the part of the insured is shown. | :'''NOTE:''' According to ''Brooks v ICBC'' (1994), 89 BCL.R. (2d) 215 (S.C), per Bouck J, the purpose of s 19(1)(e) (now IVA, s 75(c)) is to prevent intentionally deceitful misstatements for the purpose of defrauding the insurer; “exaggerated guesses” by an insured as to the value of a lost motor vehicle, or figures inserted for the purpose of goading an insurer into action, are insufficient to deny coverage unless a fraudulent purpose on the part of the insured is shown. | ||
However, ICBC may relieve the insured from forfeiture under s 75 if said forfeiture would be “inequitable”. Furthermore, ICBC must relieve an insured from forfeiture if: a) it is equitable to do so, and b) the insured dies or suffers a loss of mind or bodily function that renders the insured permanently incapable of engaging in any occupation for wages or profit (IVA, s 19(3)). | However, ICBC may relieve the insured from forfeiture under s 75 if said forfeiture would be “inequitable”. Furthermore, ICBC must relieve an insured from forfeiture if: a) it is equitable to do so, and b) the insured dies or suffers a loss of mind or bodily function that renders the insured permanently incapable of engaging in any occupation for wages or profit (IVA, s 19(3)). | ||
| Line 198: | Line 198: | ||
An “employed person” is defined in s 78 of the IVR as a person who, on the day of the accident or for any 6 months during the previous 12 months immediately preceding the accident, is employed or actively engaged in an occupation for wages or profit. Eligible insured persons who are completely unable to engage in employment can collect either 75 percent of their average gross weekly earnings or $300 per week, whichever is less, for the length of the disability or 104 weeks, whichever is shorter. See section 80 and Schedule 3 of the IVR for more details. | An “employed person” is defined in s 78 of the IVR as a person who, on the day of the accident or for any 6 months during the previous 12 months immediately preceding the accident, is employed or actively engaged in an occupation for wages or profit. Eligible insured persons who are completely unable to engage in employment can collect either 75 percent of their average gross weekly earnings or $300 per week, whichever is less, for the length of the disability or 104 weeks, whichever is shorter. See section 80 and Schedule 3 of the IVR for more details. | ||
'''NOTE:''' There is a waiting period of seven days before disability benefits are paid out. Also, no benefits are paid for these initial seven days (IVR, 85). | :'''NOTE:''' There is a waiting period of seven days before disability benefits are paid out. Also, no benefits are paid for these initial seven days (IVR, 85). | ||
==== b) Disability Benefits for Homemakers ==== | ==== b) Disability Benefits for Homemakers ==== | ||
| Line 208: | Line 208: | ||
If at the end of the first two years, the total disability continues, an insured receiving benefits under s 80 or 84 of the IVR can continue to receive the payments for the duration of the disability or until the age of 65, whichever is shorter (IVR, s 86). The no fault benefits will be reduced by the amount of the Canada Pension Plan benefits if and when such benefits become payable to the insured (IVR, s 86). | If at the end of the first two years, the total disability continues, an insured receiving benefits under s 80 or 84 of the IVR can continue to receive the payments for the duration of the disability or until the age of 65, whichever is shorter (IVR, s 86). The no fault benefits will be reduced by the amount of the Canada Pension Plan benefits if and when such benefits become payable to the insured (IVR, s 86). | ||
'''NOTE:''' Any benefits payable under s 80, 84, or 86 of the IVR may be reviewed every 12 months and terminated by ICBC on the advice of its medical adviser (IVR, s 87). | :'''NOTE:''' Any benefits payable under s 80, 84, or 86 of the IVR may be reviewed every 12 months and terminated by ICBC on the advice of its medical adviser (IVR, s 87). | ||
==== d) Medical or Rehabilitation Benefits ==== | ==== d) Medical or Rehabilitation Benefits ==== | ||
| Line 222: | Line 222: | ||
*d) $500 to $1,500 for the death of each dependent child, depending on the child’s age (see Schedule 3, s 5 of the IVR). | *d) $500 to $1,500 for the death of each dependent child, depending on the child’s age (see Schedule 3, s 5 of the IVR). | ||
'''NOTE:''' Status with respect to “head of household”, “spouse of household” or “dependent child” is determined at the date of death resulting from a motor vehicle accident. | :'''NOTE:''' Status with respect to “head of household”, “spouse of household” or “dependent child” is determined at the date of death resulting from a motor vehicle accident. | ||
==== f) Reinstatement and Revival of No Fault Benefits ==== | ==== f) Reinstatement and Revival of No Fault Benefits ==== | ||
| Line 268: | Line 268: | ||
*where applicable, permit a post mortem examination and/or autopsy. | *where applicable, permit a post mortem examination and/or autopsy. | ||
'''NOTE:''' For liability to cease (i.e. coverage to be denied), ICBC must have suffered prejudice as a result of the applicant’ s failure to comply. | :'''NOTE:''' For liability to cease (i.e. coverage to be denied), ICBC must have suffered prejudice as a result of the applicant’ s failure to comply. | ||
== D. Uninsured Motorists or Unidentified Motorist (Hit and Run) Cases == | == D. Uninsured Motorists or Unidentified Motorist (Hit and Run) Cases == | ||
| Line 304: | Line 304: | ||
Also, see [[{{PAGENAME}}#3. Exclusion of ICBC Liability | Section II.D.3. Exclusion of ICBC Liability]], below. | Also, see [[{{PAGENAME}}#3. Exclusion of ICBC Liability | Section II.D.3. Exclusion of ICBC Liability]], below. | ||
'''NOTE:''' Any dispute as to entitlement or amount of damages an insured is entitled to recover must be submitted for arbitration under the ''Commercial Arbitration Act'', RSBC 1996, c 55 (IVR, s 148.2). | :'''NOTE:''' Any dispute as to entitlement or amount of damages an insured is entitled to recover must be submitted for arbitration under the ''Commercial Arbitration Act'', RSBC 1996, c 55 (IVR, s 148.2). | ||
'''NOTE:''' Excess underinsured motorist protection may still be purchased through insurers and presumably is intended to be covered under IVA Part 4 (Optional Insurance Contracts). | :'''NOTE:''' Excess underinsured motorist protection may still be purchased through insurers and presumably is intended to be covered under IVA Part 4 (Optional Insurance Contracts). | ||
=== 2. Claims Against Unidentified or Hit and Run Motorists: Section 24 of the IVA === | === 2. Claims Against Unidentified or Hit and Run Motorists: Section 24 of the IVA === | ||
| Line 405: | Line 405: | ||
*at ICBC’s request, allow ICBC to inspect the insured’s motor vehicle that was in the accident. | *at ICBC’s request, allow ICBC to inspect the insured’s motor vehicle that was in the accident. | ||
'''NOTE:''' Payments made under s 148 will be deducted from the amount aninsured is entitled to under Parts 6 or 7 of the IVR (s 148(6) and (7)). Also, ICBC will not be liable to pay any benefit, indemnity, or compensation payable from another source, including: Workers Compensation, Employment Insurance, and any government bodies (s 106(1)). | :'''NOTE:''' Payments made under s 148 will be deducted from the amount aninsured is entitled to under Parts 6 or 7 of the IVR (s 148(6) and (7)). Also, ICBC will not be liable to pay any benefit, indemnity, or compensation payable from another source, including: Workers Compensation, Employment Insurance, and any government bodies (s 106(1)). | ||
===== (5) Dispute Resolution ===== | ===== (5) Dispute Resolution ===== | ||
| Line 452: | Line 452: | ||
Any dispute between the claimant and ICBC must be arbitrated. An arbitrator who adjudicates a dispute under this section must publish the reasons for the decision (IVR, s 148.2(1.1) and ((2.1)). | Any dispute between the claimant and ICBC must be arbitrated. An arbitrator who adjudicates a dispute under this section must publish the reasons for the decision (IVR, s 148.2(1.1) and ((2.1)). | ||
{{LSLAP Manual Navbox|type=chapters8-14}} | |||
