Difference between revisions of "ICBC and Basic Coverage (12:III)"

Jump to navigation Jump to search
Line 103: Line 103:


The Enhanced Care system also includes a recreation benefit for those who are permanently impaired as a result of their injuries. This benefit provides support for the insured to participate in certain recreational activities following their injury. Note that this benefit is only available to those with a “catastrophic injury” or those, “with a permanent impairment rating of 20% or more as determined in accordance with the Permanent Impairment Regulation” (''EABR'', s 36(2)). The dollar amount awarded for this benefit correlates to the percentage degree to which the insured is deemed to be permanently impaired (''EABR'', s 36(7)).
The Enhanced Care system also includes a recreation benefit for those who are permanently impaired as a result of their injuries. This benefit provides support for the insured to participate in certain recreational activities following their injury. Note that this benefit is only available to those with a “catastrophic injury” or those, “with a permanent impairment rating of 20% or more as determined in accordance with the Permanent Impairment Regulation” (''EABR'', s 36(2)). The dollar amount awarded for this benefit correlates to the percentage degree to which the insured is deemed to be permanently impaired (''EABR'', s 36(7)).
===B. Basic Vehicle Damage Coverage===
Basic vehicle damage coverage is also a part of ICBC’s mandatory basic coverage (''IVA'', s 173), and provides indemnification for certain vehicle repairs and other losses resulting from vehicle damage that occur as a result of an accident in British Columbia involving, “at least two vehicles” (''IVA'', s 174(2)), in specified circumstances.
When indemnification is provided for basic vehicle damage, “[t]he total value of indemnification…must be reduced by the extent to which, expressed as a percentage, (a) the owner and the operator of the insured's eligible vehicle and a person in a prescribed class of persons is responsible for the accident, and (b) another person whose name is not ascertainable is responsible for the accident” (''IVA'', ss 174(4) and 175(4)). This means that the insured is only indemnified in accordance with the percentage amount for which they are found to be not responsible for the accident (i.e. if an insured fully responsible for the crash, they are not indemnified under this coverage). If there is another unknown person who is not responsible for the accident, indemnification is also reduced accordingly.
The indemnification provided for damage to or loss of an eligible vehicle is capped at $200,000 (''Basic Vehicle Damage Coverage Regulation'', BC Reg 4/2021, s 15(2), [''BVDCR'']).
Indemnification is also provided for, “reasonable expenses incurred by the insured for loss of use in relation to the eligible vehicle in respect of the following: (a) hiring passenger directed vehicles; (b) using public transportation; (c) renting a substitute vehicle that is similar to the eligible vehicle, with the corporation's approval; [and] (d) using other alternative transportation with the corporation's approval” (''BVDCR'', s 18(2)), though this indemnification for passenger directed vehicles and public transportation does not apply if these expenses, “exceed expenses that would have been indemnified for renting a substitute vehicle that is similar to the eligible vehicle” (''BVDCR'', s 18(3)).






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