Introduction to ICBC Automobile Insurance (12:I)

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A. Books

Gregory, E.A. and Gregory, G.F.T., The Annotated British Columbia Insurance (Motor Vehicle) Act (Toronto: Carswell, 1995).

Continuing Legal Education Society of British Columbia, British Columbia Motor Vehicle Accident Claims Practice Manual (Vancouver: Continuing Legal Education Society of British Columbia, 2000).

Continuing Legal Education Society of British Columbia, ICBC Motor Vehicle Accident Claims (November, 1988) (Vancouver: Continuing Legal Education Society of British Columbia, 1988).

Continuing Legal Education Society of British Columbia, Vehicle Insurance: British Columbia Legislation and Commentary (Vancouver: Continuing Legal Education Society of British Columbia, 2007).

B. Legislation

Insurance (Motor Vehicle) Act, RSBC 1996, c 231 [IMVA].

Insurance (Motor Vehicle) Act - Revised Regulations (1984), BC Reg 447/83 [IMVAR].

Insurance (Vehicle) Act, RSBC 1996, c 231 [IVA].Insurance (Vehicle) Regulation, BC Reg 447/83 [IVR]. Motor Vehicle Act, RSBC 1996, c 318 [MVA].Motor Vehicle Act Regulations, BC Reg 26/58 [MVA Regulations]. Insurance Corporation Act, RSBC 1996, c 228. Limitation Act, RSBC 1996, c 266, s 3(2). NOTE: The Insurance (Motor Vehicle) Act [IMVA] and the Insurance (Motor Vehicle) Act - Revised Regulations (1984) [IMVA Regulations] were amended and renamed the Insurance (Vehicle) Act [IVA] and Insurance (Vehicle) Regulation [IVR] respectively. The IVA and IVR came into force and effect on July 1, 2007. Note that there are transitional provisions governing whether the provisions of the old Act, new Act, or both Acts apply to an individual claim. C.General The automobile insurance system in BC is comprised of “no fault” benefit claims and indemnification for claims in tort law. No fault benefits are included as part of the basic (compulsory) insurance coverage offered by the Insurance Corporation of British Columbia (ICBC or “the Corporation”) exclusively. As the name implies, payment of the no fault coverage is given regardless of whether or notany element of fault is attributed to the insured. Optional coverage above and beyond the basic coverage may be purchased from either ICBC or a private insurer under an optional insurance contract (“OIC”). Claims for damages brought under tort law however do require the presence of a fault element on the part of the defendant to be successful. The victim of the accident (e.g. a personal injury claimant) may