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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 04:55, 18 June 2016
, 04:55, 18 June 2016→d) ICBC Liability Limited
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The insured and the claimant both have an obligation to seek other sources of coverage. Applicants may have other sources of insurance, including claims or benefits under the ''Workers’ Compensation Act'', RSBC 1996, c 492, the ''Employment Insurance Act'' (Canada), RSC 1996, c 23, and/or the government of Canada or provinces or territories. It is important that applicants apply for all benefits they are entitled to under the above sources of coverage or other similar sources coverage since ICBC is relieved from paying the of judgment equal to what is provided by these sources. | The insured and the claimant both have an obligation to seek other sources of coverage. Applicants may have other sources of insurance, including claims or benefits under the ''Workers’ Compensation Act'', RSBC 1996, c 492, the ''Employment Insurance Act'' (Canada), RSC 1996, c 23, and/or the government of Canada or provinces or territories. It is important that applicants apply for all benefits they are entitled to under the above sources of coverage or other similar sources coverage since ICBC is relieved from paying the of judgment equal to what is provided by these sources. | ||
Furthermore, applicants should also apply for all benefits and/or coverage from any private insurance that they may have as soon as possible. An applicant may have private insurance through their employer. ICBC may not be obligated to pay benefits that could have been received (note: need not actually receive) from another source. If a decision is made concluding that ICBC is not liable for these amounts, the limitation period for making a claim through the other source will most likely have ended. See section 81, 83 and 106 of the IVR for more details | Furthermore, applicants should also apply for all benefits and/or coverage from any private insurance that they may have as soon as possible. An applicant may have private insurance through their employer. ICBC may not be obligated to pay benefits that could have been received (note: need not actually receive) from another source. If a decision is made concluding that ICBC is not liable for these amounts, the limitation period for making a claim through the other source will most likely have ended. See section 81, 83 and 106 of the IVR for more details. | ||
Also, see [[{{PAGENAME}}#3. Exclusion of ICBC Liability | Section II.D.3. Exclusion of ICBC Liability]], below. | |||
'''NOTE:''' Any dispute as to entitlement or amount of damages an insured is entitled to recover must be submitted for arbitration under the ''Commercial Arbitration Act'', RSBC 1996, c 55 (IVR, s 148.2). | |||
'''NOTE:''' Excess underinsured motorist protection may still be purchased through insurers and presumably is intended to be covered under IVA Part 4 (Optional Insurance Contracts). | |||
=== 2. Claims Against Unidentified or Hit and Run Motorists: Section 24 of the IVA === | |||
Where personal injury, death, or property damage over $150 arises out of the use of a vehicle on a road '''in British Columbia''' and the identity of the driver and owner cannot be ascertained (or the ascertained owner is not liable, as would be the case if the vehicle had been stolen), the injured party may sue ICBC as nominal defendant. For accidents occurring outside BC, see [[{{PAGENAME}}#1. Inverse Liability and Uninsured or Hit and Run Accidents Outside BC | Section II.E.1: Inverse Liability and Uninsured or Hit and Run Accidents Outside BC]]. | |||
==== a) Reasonable Efforts to Ascertain Identity ==== | |||
In order for a claimant to make a claim or get judgment against ICBC under s 24 of the IVA, the court must first be satisfied that all reasonable efforts have been made to ascertain the identity of the owner and/or driver (IVA, s 24(5)). If the identity of those persons cannot be ascertained, ICBC is authorized to settle any such claims, or to conduct the defence of the case as it sees fit. b)Written Notice to ICBC To proceed with the claim, the claimant must give written notice to ICBC “as soon as reasonably practicable” and within six months of the accident (IVA, s 24(2). c)Police Report Requirements A claimant must make an accident report to the police (IVA, s 107(1)). More specifically, the claimant must: make a report to the police within 48 hours of discovering the loss or damage; get the police case file number for the police report; and on ICBC’ s request, advise ICBC of the police case file number. If a claimant fails to comply with the above without reasonable cause, then ICBC will not be liable to pay the claim made under s 24 of the IVA. d)Limitation Period Once notice has been properly provided, the claimant must also 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)). 3.Exclusion of ICBC Liability There are certain situations where ICBC will not be liable to pay a claim made under section 20 and/or section 24 of the IVA. ICBC will not be liable: to a claimant, under s 24 of the IVA, who fails to comply with section 107(1) of the IVA without reasonable cause (see Section II.D.2.c): Police Report Requirements); to a claimant, under s 20 or 24 of the IVA, for loss or damage arising while the vehicle was in the claimant’ s possession without the owner’ s consent (i.e. stolen) (IVR, s 107(2)(a)); for a claim under s 24 of the IVA, made by the Province, Canada, or a municipality, public or private utility, or other similar person in respect to damage to a highway (IVR, s 107(2)(b)). 4.Forfeiture and Breach of Conditions | |||
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