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Difference between revisions of "ICBC and Compulsory Coverage (12:X)"
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ICBC and Compulsory Coverage (12:X) (view source)
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===== (1) Who is Covered? ===== | ===== (1) Who is Covered? ===== | ||
A person involved in a motor vehicle accident may be entitled to compensation under section 148(2) of the IVR, if that person: | A person involved in a motor vehicle accident may be entitled to compensation under section 148(2) of the ''IVR'', if that person: | ||
*is a person named as an owner in the owner’s certificate, or a household member of the person named as an owner in the owner’s certificate; | *is a person named as an owner in the owner’s certificate, or a household member of the person named as an owner in the owner’s certificate; | ||
*suffers death or injury in the Nunavut, Yukon, Northwest Territories or the U.S.; '''and''' | *suffers death or injury in the Nunavut, Yukon, Northwest Territories or the U.S.; '''and''' | ||
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===== (2) How Much is the Coverage? ===== | ===== (2) How Much is the Coverage? ===== | ||
ICBC’s liability (i.e. the payout) is limited to $200,000 (see Schedule 3, s 11 of the IVR). Payments are subject to adjustment if recovery or partial recovery is made from another party (IVR, s 148(2)). | ICBC’s liability (i.e. the payout) is limited to $200,000 (see Schedule 3, s 11 of the ''IVR''). Payments are subject to adjustment if recovery or partial recovery is made from another party (''IVR'', s 148(2)). | ||
===== (3) Exclusion or Limitation of Liability by ICBC ===== | ===== (3) Exclusion or Limitation of Liability by ICBC ===== | ||
If a claim is made under this section, the claimant must be sure to comply with the requirements set out in s 148 of the IVR. ICBC will not be liable (i.e. ICBC will not compensate the claimant) in the following situations: | If a claim is made under this section, the claimant must be sure to comply with the requirements set out in s 148 of the ''IVR''. ICBC will not be liable (i.e. ICBC will not compensate the claimant) in the following situations: | ||
*if the insured has a right of recovery under an unsatisfied judgment; | *if the insured has a right of recovery under an unsatisfied judgment; | ||
*if the insured was operating a vehicle without the consent of the vehicle’s owner; | *if the insured was operating a vehicle without the consent of the vehicle’s owner; | ||
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*if the insured fails to comply with s 148(5) (see immediately below). | *if the insured fails to comply with s 148(5) (see immediately below). | ||
===== (4) Insured’s Obligations Under Section 148(4) and (5) of the IVR ===== | ===== (4) Insured’s Obligations Under Section 148(4) and (5) of the ''IVR'' ===== | ||
Under section 148(4)(b) of the IVR, the insured: | Under section 148(4)(b) of the ''IVR'', the insured: | ||
*must file a copy of the originating process with ICBC within 60 days of the action commencing; '''and''' | *must file a copy of the originating process with ICBC within 60 days of the action commencing; '''and''' | ||
*must not settle a claim without the written consent of ICBC | *must not settle a claim without the written consent of ICBC | ||
Under s 148(5) of the IVR, the insured (or his or her representative) must: | Under s 148(5) of the ''IVR'', the insured (or his or her representative) must: | ||
*for accidents involving an '''unidentified''' vehicle, report the accident, within 24 hours of the accident, to the police, or the administrator of any law respecting motor vehicles; | *for accidents involving an '''unidentified''' vehicle, report the accident, within 24 hours of the accident, to the police, or the administrator of any law respecting motor vehicles; | ||
*file with ICBC, within 28 days of the accident, a statement under oath that: a) the insured has a cause of action arising out of the accident against the owner or driver of an '''unidentified or uninsured''' vehicle and b) setting out the facts in support of that statement; '''and''' | *file with ICBC, within 28 days of the accident, a statement under oath that: a) the insured has a cause of action arising out of the accident against the owner or driver of an '''unidentified or uninsured''' vehicle and b) setting out the facts in support of that statement; '''and''' | ||
*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 ===== | ||
Any dispute between the claimant and ICBC under this section must be arbitrated. The arbitrator who adjudicates the dispute must publish the reasons for the decision (IVR, s 148(8)). | Any dispute between the claimant and ICBC under this section must be arbitrated. The arbitrator who adjudicates the dispute must publish the reasons for the decision (''IVR'', s 148(8)). | ||
=== 2. Underinsured Motorist Protection (UMP): Part 10, Division 2 of the IVR === | === 2. Underinsured Motorist Protection (UMP): Part 10, Division 2 of the IVR === | ||
