Disputes with ICBC (12:VI): Difference between revisions
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Disputes in relation to denied accident benefits can be handled by making an application to the CRT to adjudicate on the matter. This applies to benefits denied under Part 1 or Part 10 of the ''IVA'' (''CRT Act'', s 132(b)). | Disputes in relation to denied accident benefits can be handled by making an application to the CRT to adjudicate on the matter. This applies to benefits denied under Part 1 or Part 10 of the ''IVA'' (''CRT Act'', s 132(b)). | ||
<blockquote> '''Note:''' The case of | <blockquote> '''Note:''' The case of ''Trial Lawyers Association of British Columbia v British Columbia (Attorney General)'', mentioned above, did not strike down the CRT’s ability to adjudicate on disputes regarding denied benefits. As such, unlike minor injury and liability/damages disputes, parties cannot choose whether to bring their denied benefits disputes before either a court or the CRT, and ''must bring these disputes before the CRT.'' </blockquote> | ||
Disputes about denied accident benefits may also be made internally through ICBC’s Claims Decision Review process. However, ICBC does not provide public information on the process or deadlines for this. Speak directly to your ICBC representative for more information about options for disputing denied benefits internally. | Disputes about denied accident benefits may also be made internally through ICBC’s Claims Decision Review process. However, ICBC does not provide public information on the process or deadlines for this. Speak directly to your ICBC representative for more information about options for disputing denied benefits internally. | ||
==D. Disputes About Basic Vehicle Damage Coverage== | |||
Disputes related to Basic Vehicle Damage Coverage ([[ICBC and Basic Coverage (12:III)|see Section III(B): Basic Vehicle Damage Coverage]]) can be resolved either internally between the insured and ICBC, or through arbitration. This applies to disputes about: | |||
<blockquote>(a) the nature and extent of required repairs or replacement, | |||
(b) the value of the damage to or loss of the eligible vehicle, or | |||
(c) the price received, or the estimated price that would have been received, from the sale of the damaged eligible vehicle. | |||
(BVDCR, s 28) </blockquote> | |||
This arbitration process must follow the ''Arbitration Act'', as well as the rules laid out in ss 28-32 of the ''Basic Vehicle Damage Coverage Regulation''. ''There is a two-year limitation date from the date of the accident to submit for arbitration'' (''BVDCR'', s 29(2)). | |||
{{LSLAP Manual Navbox|type=chapters8-14}} | {{LSLAP Manual Navbox|type=chapters8-14}} | ||
