Difference between revisions of "ICBC and Optional Autoplan Insurance (12:XI)"

Coverage may be denied where an insured person fails to comply with ss 67 or 68 of the MVA, without reasonable cause and to the prejudice of ICBC The onus of proving compliance lies on anyone who is bound to report.  

Section 67 of the MVA deals with the duty to file accident reports in cases where aggregate damage apparently exceeds $1,000, or where there is any bodily injury, and provides that the reports are normally confidential.  

Section 68 deals with the immediate duties of persons in charge of vehicles involved in a highway “incident”, namely: to remain at the scene, render assistance, and provide identification of person and insurance coverage. If the other vehicle is unattended, the driver of the colliding  vehicle must leave full identification conspicuously posted.  

Any breach of these duties is an offence punishable under the MVA. Similar duties are created by ss 249 and 252 of the ''Criminal Code''. A breach of them can result in more severe penalties. These duties apply to any highway “incident” regardless of any insurance aspects of the case, and even if the driver was only “indirectly” involved in the incident.