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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)
Revision as of 04:17, 18 June 2016
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'''NOTE:''' For liability to cease (i.e. coverage to be denied), ICBC must have suffered prejudice as a result of the applicant’ s failure to comply. | '''NOTE:''' For liability to cease (i.e. coverage to be denied), ICBC must have suffered prejudice as a result of the applicant’ s failure to comply. | ||
== D. Uninsured Motorists or Unidentified Motorist (Hit and Run) Cases == | |||
=== 1. Claims Against Uninsured Vehicles: Section 20 of the IVA === | |||
While it is against the law, there are some drivers who operate motor vehicles without any insurance. If a claimant suffers damages from an uninsured motorist, he or she is not without a remedy. Instead, the claimant may make a claim to ICBC for compensation. | |||
==== a) Definition of Uninsured Vehicle ==== | |||
Under the current IVA, an “uninsured motorist” continues to be defined as someone who operates a motor vehicle without third party liability coverage of at least $100,000. When death, personal injury, or property damage results from the use of an uninsured vehicle, a claimant may apply to ICBC under s 20 for compensation. | |||
==== b) Limitation Period ==== | |||
The claimant must meet the requirements set out in the ''Limitation Act''. The claimant has two years from the date of the loss to start an action for personal injury, death, and/or property damage (LA, s 3(2)). | |||
==== c) Rights and Obligations of ICBC ==== | |||
If ICBC receives such an application under s 20, it must forward a notice it to the owner or driver of the uninsured motor vehicle, by registered mail (IVA, s 20(3)). If ICBC pays out any amount under this section, it is subrogated to the rights of the person paid (i.e. the successful claimant). Also, ICBC may maintain an action in its name or in the name of the successful claimant against the person liable (IVA, s 20(11)). | |||
After ICBC has given notice to the owner or driver of the uninsured vehicle (“the defendant”), it has control over the resolution of the case. ICBC is deemed to be the agent of the defendant for service of notice. Thus, the Claimant may start an action against the defendant by serving ICBC with a Notice of Claim in Small Claims or a Notice of Civil Claim in Supreme Court. | |||
ICBC has the authority to settle or consent to judgement, at any time, in the name of the uninsured defendant. But, if the defendant responds within the time limit indicated in the notice, then ICBC is not entitled to recover from the defendant without a judgment (s 20(5)). | |||
If the claimant serves the uninsured defendant directly and he or she does not enter an appearance or does not file a Response to Civil Claim, or does not appear at trial, or does anything that permits default judgment to be taken against him or her, then ICBC may intervene. ICBC can defend the action in the name of the defendant. ICBC’s acts are deemed to be the defendant’s acts (IVA, s 20(7)). | |||
p12-14 | p12-14 | ||