Difference between revisions of "ICBC and Compulsory Coverage (12:X)"
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Minors are not subject to a limitation period (''LA'', s7). After the minor has reached age 19, s 3(2)(a) begins to apply and the two-year limitation period commences. However, if the minor’s guardian or litigation guardian receives a Notice to Proceed, the limitation period is initiated notwithstanding the minor status (''LA'', s 7(6)). The Notice to Proceed must meet the requirements of the ''LA'', ss 7(7)(a-g). | Minors are not subject to a limitation period (''LA'', s7). After the minor has reached age 19, s 3(2)(a) begins to apply and the two-year limitation period commences. However, if the minor’s guardian or litigation guardian receives a Notice to Proceed, the limitation period is initiated notwithstanding the minor status (''LA'', s 7(6)). The Notice to Proceed must meet the requirements of the ''LA'', ss 7(7)(a-g). | ||
It is important to be aware of the limitation periods associated with ''IVR'' Part 7 benefits, see [[{ | It is important to be aware of the limitation periods associated with ''IVR'' Part 7 benefits, see [[{{Pagename}}#C. Accident (“No-Fault”) Benefits: Part 7 of the IVR| Section X.C. Accident (“No-Fault”) Benefits: Part 7 of the ''IVR'']] below. | ||
==== b) Duties Outlined in Section 73 of the ''IVR'' ==== | ==== b) Duties Outlined in Section 73 of the ''IVR'' ==== | ||
An insured must comply with s 73 of the IVR. Failure to do so may result in a claim being denied. '''See''' [[{{PAGENAME}}#7. Duties of the Insured | Section | An insured must comply with s 73 of the IVR. Failure to do so may result in a claim being denied. '''See''' [[{{PAGENAME}}#7. Duties of the Insured | Section X.B.7. Duties of the Insured]]. | ||
==== c) Service on ICBC ==== | ==== c) Service on ICBC ==== | ||
A claimant who starts an action for damages caused by a motor vehicle or trailer must also serve ICBC with a copy of the Notice of Civil Claim the same way the defendant is served and must also file proof of service in the court in which the action is started. No further step in the action can be taken until eight days after the filing of the service in court (IVA, s 22). | A claimant who starts an action for damages caused by a motor vehicle or trailer must also serve ICBC with a copy of the Notice of Civil Claim the same way the defendant is served and must also file proof of service in the court in which the action is started. No further step in the action can be taken until eight days after the filing of the service in court (''IVA'', s 22). | ||
==== d) Information and Evidence ==== | ==== d) Information and Evidence ==== | ||
ICBC has a broad right to compel the insured and others to provide information set out in the IVA. Specific types of information that ICBC can demand are noted in s 11 (combined forms and information); s 27 (accident report); s 28 (medical reports for accidents before April 1, 2019); s 29 (employers’ reports); and s 30 (superintendent’s records). | ICBC has a broad right to compel the insured and others to provide information set out in the ''IVA''. Specific types of information that ICBC can demand are noted in s 11 (combined forms and information); s 27 (accident report); s 28 (medical reports for accidents before April 1, 2019); s 29 (employers’ reports); and s 30 (superintendent’s records). | ||
According to [https://www.canlii.org/en/bc/bcca/doc/1931/1931canlii473/1931canlii473.html?autocompleteStr=mcknight%20v%20general&autocompletePos=1 McKnight v General Casualty Insurance Co. of Paris], 1931 CanLII 473 (BC CA), an insured need not provide information or evidence to an insurance company respecting a breach if the company is contemplating using such a breach to deny coverage to the insured. This is not considered to be refusing to cooperate with the insurer in the defence of the action. However, the insured may still have to provide information regarding the accident itself. | According to [https://www.canlii.org/en/bc/bcca/doc/1931/1931canlii473/1931canlii473.html?autocompleteStr=mcknight%20v%20general&autocompletePos=1 ''McKnight v General Casualty Insurance Co. of Paris''], 1931 CanLII 473 (BC CA), an insured need not provide information or evidence to an insurance company respecting a breach if the company is contemplating using such a breach to deny coverage to the insured. This is not considered to be refusing to cooperate with the insurer in the defence of the action. However, the insured may still have to provide information regarding the accident itself. | ||
== C. Accident (“No-Fault”) Benefits: Part 7 of the ''IVR'' == | == C. Accident (“No-Fault”) Benefits: Part 7 of the ''IVR'' == | ||