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Difference between revisions of "ICBC and Compulsory Coverage (12:X)"
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ICBC and Compulsory Coverage (12:X) (view source)
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Insured persons must be careful to abide by the terms and conditions of their plans and OICs. Coverage may be lost if an insured breaches certain conditions, including, but not limited to: | Insured persons must be careful to abide by the terms and conditions of their plans and OICs. Coverage may be lost if an insured breaches certain conditions, including, but not limited to: | ||
*a) failing to comply with s 73 of the IVR, to the prejudice of ICBC (See [[{{PAGENAME}}#7. Duties of the Insured | Section II.B.7. Duty of Insured]]); | *a) failing to comply with s 73 of the IVR, to the prejudice of ICBC (See [[{{PAGENAME}}#7. Duties of the Insured | Section II.B.7. Duty of Insured]]); | ||
*b) operating a vehicle when not authorized and/or not qualified to do so (IVR, s 55(3)(a)); NOTE: “Occasionally” | *b) operating a vehicle when not authorized and/or not qualified to do so (IVR, s 55(3)(a)); | ||
**'''NOTE:''' “Occasionally” using a vehicle to go to and from work when a vehicle is insured only for pleasure use is permissible under s 55(2) of the IVR. But, ICBC has ways to determine whether or not the insured has more than occasionally breached such a condition. If a change of use is contemplated, additional coverage should be bought. | |||
*c) using the vehicle in illicit trades, racing, or avoiding arrest or other police action (IVR,s 55(3)(b), (c) and (d)); | |||
*d) towing an unregistered and/or unlicensed trailer (IVR, s 55(4)); | |||
*e) using the vehicle for a different purpose than the one declared by the insured in his or her application for insurance, except as “occasionally” permitted (IVR, s 55(2(a)); or | |||
*f) naming in the owner’s certificate someone as the principal operator of the insured vehicle who is not actually the principle operator (IVR, s 75). | |||
'''NOTE:''' When the court determines who the principle driver is, it will consider the entire period covered by the insurance plan: see ''Dehm v ICBC'' (1982), 32 BCL.R. 23. | |||
Despite any breach of condition by an insured, insurance money is still payable to '''third parties''' by ICBC in cases where the insured person was: | |||
*a) incapable of properly controlling the vehicle because of the influence of alcohol or drugs; | |||
*b) convicted under any one of the following sections of the ''Criminal Code'', RSC 1985, c C-46 (see also MVA Regulations, s 28.02 Table 4): | |||
**s 220 (criminal negligence causing death); s 221 (criminal negligence causing bodily harm); s 236 (manslaughter); s 249 (dangerous operation of a motor vehicle); s 252 (failure to stop at an accident), s 253 (driving while impaired or with a blood-alcohol level exceeding 80 milligrams per 100 millilitres); s 254(5) (refusal or failure to give a breath sample); s 255 (impaired driving causing bodily harm or death); s 259 (4): driving while disqualified; or a conviction under the ''Youth Criminal Justice Act'' (Canada) for any of the above offences; or “similar result” or conviction of these offences in a jurisdiction in the U.S.; | |||
**conviction under ss 95 or 102 of the MVA or similar convictions under another Canadian or American jurisdiction (both concern driving while prohibited); or | |||
*c) permitting another person to use the insured vehicle in way that results in a conviction for any of the offences outlined above (IMVA Regulations, s 55). | |||
=== 12. Making a Claim Under Part 6: Procedural Steps and Considerations === | |||
==== 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 Limitation Act. Section 3(2)(a) of the Limitation Act 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 (Limitation Act, s 7). 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/etc receives a Notice to Proceed, the limitation period is initiated notwithstanding the minor status (Limitation Act, s 7(6)). The Notice to Proceed must meet the requirements of the Limitation Act ss 7(7)(a-g). b)Duties Outlined in Section 73 of the IVRAn insured must comply with s 73 of the IVR. Failure to do so may result in a claim being denied. See Section II.B.7. Duties of the Insured.c)Service on ICBC A claimant who starts an action for damages caused by a motor vehicle or trailer must also serve ICBC with a copy of the Notice of Civil Claim the same way the defendant is served and must also file proof of service in the court in which the action is started. No further step in the action can be taken until eight days after filing of the service in court (IVA, s 22). d)Information and EvidenceICBC has a broad right to compel the insured and others to provide information set out in the IVA. Specific types of information that ICBC can demand are noted in s 11 (combined forms and information); s 27 (accident report); s 28 (medical reports); s 29 (employers’ reports); and s 30 (superintendent’ s records). | |||
