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Difference between revisions of "ICBC and Basic Coverage (12:III)"
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ICBC and Basic Coverage (12:III) (view source)
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Finally, to proceed with the claim against ICBC as a nominal defendant, the claimant must give written notice to ICBC “as soon as reasonably practicable” and within six months of the accident (''IVA'', s 24(2)). | Finally, to proceed with the claim against ICBC as a nominal defendant, the claimant must give written notice to ICBC “as soon as reasonably practicable” and within six months of the accident (''IVA'', s 24(2)). | ||
===F. First Party Coverage Under Part 10 of the IVR=== | |||
====1. Inverse Liability==== | |||
Inverse liability protection provides for compensation for vehicle loss or damage in situations where an insured is travelling in another jurisdiction in Canada or the United States whose laws do not otherwise allow the insured to sue for such compensation. The amount of compensation is, “an amount equal to the amount of damages the insured would have recovered if the insured had had a right of action” (''IVR'', s 147(2)). In practice, this would mean that the amount that can be recovered under inverse liability would be limited if the insured is found to be partially or fully at fault. | |||
Compensation under this section is limited to, “the least of the following: (a) the cost of repairing the vehicle; (b) the declared value of the vehicle; (c) the actual cash value of the vehicle” (''IVR'', s 147(3)). | |||
====2. Uninsured or hit and run accidents in Nunavut, the Yukon, Northwest Territories or United States of America==== | |||
Section 148 of the ''IVA'' specifies coverage in situations where, “death or injury of an insured arises out of the operation on a highway in Nunavut, the Yukon Territory, the Northwest Territories or the United States of America of an unidentified or uninsured vehicle, other than an uninsured vehicle owned by or registered in the name of the insured or a member of the same household as the insured.” | |||
The coverage amount in these cases is capped at $200,000 (''IVR'', Schedule 3, s 11). | |||
Note that the insured has certain duties in order to access this coverage. The ''IVA'' specifies that ICBC, “is not liable…unless the insured or a representative of the insured”: | |||
<blockquote>(a) with respect to an accident with an unidentified vehicle, '''reports the accident within 24 hours''' after its occurrence to a policeman, peace officer, judicial officer or the administrator of any law respecting motor vehicles, | |||
(b) within '''28 days after the occurrence, files with the corporation a statement under oath''' that the insured has a cause of action arising out of the accident against the owner or driver of an unidentified or uninsured vehicle and setting out the facts in support of that statement, and | |||
(c) on the request of the corporation, allows the corporation to inspect the motor vehicle the insured occupied at the time of the occurrence. | |||
(''IVR'', s 148(5) </blockquote> | |||
In addition to the above, 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 was operating a vehicle without the consent of the vehicle’s owner; | |||
* if the insured fails to comply with s 148(4)(b) to the prejudice of ICBC. 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 not settle a claim without the written consent of ICBC | |||
<blockquote>(''IVR'', s 148(4)</blockquote> | |||
{{LSLAP Manual Navbox|type=chapters8-14}} | {{LSLAP Manual Navbox|type=chapters8-14}} | ||
