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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 05:47, 18 June 2016
, 05:47, 18 June 2016→a) Reasonable Efforts to Ascertain Identity
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==== a) Reasonable Efforts to Ascertain Identity ==== | ==== 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 | 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. | ||
p12- | ==== 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 === | |||
The same provisions apply as those outlined under [[{{PAGENAME}}#10. Forfeiture of Claims and Relief from Forfeiture | Section II.B.10: Forfeiture of Claims and Relief from Forfeiture]] and [[{{PAGENAME}}#11. Breach of Conditions and Consequences | Section II.B.11: Breach of Conditions and Consequences]], above. These are contained in s 19 of the IVA and s 55 of the IVR. | |||
== E. First Party Coverage Under Part 10 of the IVR == | |||
=== 1. Inverse Liability and Uninsured or Hit and Run Accidents Outside British Columbia: Part 10, Division 1 of the IVR === | |||
==== a) Section 147 Claims: Inverse Liability ==== | |||
===== (1) What is Inverse Liability? ===== | |||
Inverse liability coverage is part of the basic insurance plan, which covers costs to vehicle repairs when an insured is involved in an accident out of British Columbia. More specifically, the basic compulsory coverage will pay for loss or damage to a BC vehicle resulting from an accident occurring '''outside BC'''. but in Canada or the U.S. if the insured does not have a right of action under the law of: | |||
*the place where the accident happened; or | |||
*the place where the person responsible for the accident is a resident (e.g. unidentified defendant following a hit and run collision). | |||
===== (2) Who is Covered? ===== | |||
Section 147 of the IVR has its own definition of “insured”, which includes: | |||
*(a) the person named as an owner in an owner's certificate or if deceased, his or her personal representative; | |||
*(b) a person who can provide written proof that he or she is the beneficial owner of a commercial vehicle described in an owner's certificate; or | |||
*(c) the renter of a vehicle described in an owner's certificate. | |||
===== (3) What is Covered? ===== | |||
“Loss or damage” in this section means damage to the vehicle and does not include compensation for medical or rehabilitation costs. Compensation is to the extent to which the insured would have recovered if he or she had a right of action. In other words, ICBC will pay to the extent that the other driver is found liable (IVR, s 147). However, this amount is limited to the lesser of the cost of the vehicle repair, the declared value of the vehicle, or the actual cash value of the vehicle. | |||
===== (4) Dispute Resolution ===== | |||
If the insured is found to be at fault or partially at fault, he or she will be responsible for paying for the remaining costs of repair to the vehicle, unless the insured person purchased collision coverage (see [[Optional ICBC Insurance (12:III)#2. Collision | Section III.B.2: Collision]], below). If a dispute between the claimant and ICBC arises under this section, it must be arbitrated. Once the arbitrator adjudicates the dispute, the reasons for the decision must be published. | |||
==== b) Section 148 Claims: Accidents in Nunavut, Yukon, Northwest Territories or U.S.A. ==== | |||
This section deals with the scenario of a person having a motor vehicle accident in Nunavut, the Yukon, or Northwest Territories, or the U.S. that involves an uninsured or unidentified motorist. | |||
===== (1) Who is Covered? ===== | |||
A person involved in a motor vehicle accident may be entitled to compensation under section 148(2) of the IVR, if that person: | |||
*is a person named as an owner in the owner’s certificate, or a household member of the person named as an owner in the owner’s certificate; | |||
*suffers death or injury in the Nunavut, Yukon, Northwest Territories or the U.S.; '''and''' | |||
*the vehicle responsible is an unidentified or uninsured vehicle. | |||
===== (2) How Much is the Coverage? ===== | |||
ICBC’s liability (i.e. the payout) is limited to $200,000 (see Schedule 3, s 11 of the IVR). Payments are subject to adjustment if recovery or partial recovery is made from another party (IVR, s 148(2)). | |||
===== (3) Exclusion or Limitation of Liability by ICBC ===== | |||
If a claim is made under this section, the claimant must be sure to comply with the requirements set out in s 148 of the IVR. ICBC will not be liable (i.e. ICBC will not compensate the claimant) in the following situations: | |||
*if the insured has a right of recovery under an unsatisfied judgment; | |||
*if the insured was operating a vehicle without the consent of the vehicle’s owner; | |||
*if the insured fails to comply with s 148(4)b) '''to the prejudice of ICBC''' (see immediately below); '''or''' | |||
*if the insured fails to comply with s 148(5) (see immediately below). | |||
===== (4) Insured’s Obligations Under Section 148(4) and (5) of the IVR ===== | |||
Under section 148(4)(b) of the IVR, the insured: | |||
*must file a copy of the originating process with ICBC within 60 days of the action commencing; '''and''' | |||
*must not settle a claim without the written consent of ICBC | |||
Under s 148(5) of the IVR, the insured (or his or her representative) must: | |||
*for accidents involving an '''unidentified''' vehicle, report the accident, within 24 hours of the accident, to the police, or the administrator of any law respecting motor vehicles; | |||
*file with ICBC, within 28 days of the accident, a statement under oath that: a) the insured has a cause of action arising out of the accident against the owner or driver of an '''unidentified or uninsured''' vehicle and b) setting out the facts in support of that statement; '''and''' | |||
*at ICBC’s request, allow ICBC to inspect the insured’s motor vehicle that was in the accident. | |||
'''NOTE:''' Payments made under s 148 will be deducted from the amount aninsured is entitled to under Parts 6 or 7 of the IVR (s 148(6) and (7)). Also, ICBC will not be liable to pay any benefit, indemnity, or compensation payable from another source, including: Workers Compensation, Employment Insurance, and any government bodies (s 106(1)). | |||
===== (5) Dispute Resolution ===== | |||
Any dispute between the claimant and ICBC under this section must be arbitrated. The arbitrator who adjudicates the dispute must publish the reasons for the decision (IVR, s 148(8)). | |||
=== 2. Underinsured Motorist Protection (UMP): Part 10, Division 2 of the IVR === | |||
==== a) What is UMP Coverage? ==== | |||
UMP coverage is part of the basic compulsory coverage motorists have with ICBC. It provides compensation against bodily injury or death for the victim of an accident caused by a motorist who does not carry sufficient insurance to pay for the claims. This limit includes claims for prejudgment and post-judgment interest and costs (see section 148.1(5)). The maximum coverage under UMP is $2,000,000 (which an insured must pay an extra premium to purchase) for each insured person (Schedule 3, s 13 of the IVR). This limit includes claims for prejudgment and post-judgment interest and costs. See section 148.1(5). | |||
==== b) Prerequisites for UMP Coverage ==== | |||
Generally, UMP coverage is available where an insured’s death or injury is caused by the operation of a vehicle operated by an underinsured motorist, and occurs in Canada or the U.S. | |||
If an insured is making a claim for UMP coverage in the relation to a '''hit and run''' accident, there are additional requirements that need to be met. Under section 148.1(4), the following criteria must also be met: | |||
*the accident must occur on a highway; and | |||
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