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Difference between revisions of "ICBC and Compulsory Coverage (12:X)"

From Clicklaw Wikibooks
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==== a) Limitation Period ====
==== a) Limitation Period ====


Section 76 of the IVR provides that any action started to enforce third-party liability for bodily injury and/or property damage (i.e. claims made under Part 6 of the IVR) must comply with the LA section 3(2)(a) of the LA provides a two-year limitation period for actions for damages related to injuries to a person and/or property, including negligence claims against the driver and/or the owner of the vehicle driven.
Section 76 of the ''IVR'' provides that any action started to enforce third-party liability for bodily injury and/or property damage (i.e. claims made under Part 6 of the ''IVR'') must comply with the ''LA'' section 3(2)(a) of the LA provides a two-year limitation period for actions for damages related to injuries to a person and/or property, including negligence claims against the driver and/or the owner of the vehicle driven.


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 [[{{PAGENAME}}#C. Accident (“No-Fault”) Benefits: Part 7 of the IVR| Section III.C. Accident (“No-Fault”) Benefits: Part 7 of the ''IVR'']] below.
It is important to be aware of the limitation periods associated with ''IVR'' Part 7 benefits, see [[{{ICBC and Compulsory Coverage (12:X)}}#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'' ====
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