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

Also, under s 90 of the IVR, ICBC may terminate an insured’ s benefits if an insured refuses to undergo any: medical, surgical, or other similar treatment, which, in the opinion of the ICBC medical adviser and the medical practitioner attending the insured, is likely to relieve, wholly or partly, the insured’ s disability; orretraining or educational program likely to assist in the insured’ s rehabilitation.  If ICBC intends to terminate an insured’ s benefit, ICBC must first give an insured at least 60 days notice in writing, by registered mail, of  their intention to terminate benefits. Under section 90(3) of the IVR, the insured may, within that 60-day period, apply to the Supreme Court for an injunction against the termination of the benefits, on the ground that: the treatment required of the insured is unlikely to relieve the disability;  the treatment may injuriously affect the balance of the insured’ s health; or  the treatment program is not likely to assist in rehabilitation. 5.Forfeiture and Breach of Conditions The same provisions apply as those outlined under Third Party Legal Liability. These are contained in s 19 of the IVA and s 55 of the IVR. See Section II.B.10: Forfeiture of Claims and   Relief   from   Forfeiture   and Section   II.B.11:   Breach   of   Conditions   and Consequences, above. 6.Making a Claim Under Part 7: Procedural Steps and Considerations a)Limitation Period Section 103 of the IVR provides that any action started to enforce no fault or accident benefits must do the following:the  insured must have “substantially” complied with sections 97-100 (See Section II.C.6.b) Duties in Sections 97-100 of the IVR); and the  action must be started within two years after the date of the accident for which the benefits are claimed, or where benefits have been  paid, the date the insured last received a payment. This limitation period also applies to minors.In other words, the limitation date for Part 7 actions for minors do not commence at age 19 but commences on the date of the accident. b)Duties in Sections 97-100 of the IVRAn  insured must meet the requirements set out in s 97-100 of the IVR.   If an insured fails to do this to the prejudice of ICBC, ICBC may deny  coverage of a claim. The following is a brief summary and claimants should refer to the IVR for more detail. The insured must comply with the following: