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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 17:49, 19 June 2016
, 17:49, 19 June 2016→2. Underinsured Motorist Protection (UMP): Part 10, Division 2 of the IVR
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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: | 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 | *the accident must occur on a highway; and | ||
*the accident must have '''physical''' contact between the insured vehicle and the unidentified vehicle, '''if''' it occurred in the Yukon, Northwest Territories, or U.S. | |||
==== c) Who Is Covered? ==== | |||
Section 148.1 of the IVR has its own definition of “insured”. Note that the insured need not be in his or her car to be eligible for compensation. Under this section, “insured” includes, but is not limited to: | |||
*a person named in the owner’s certificate and members of his or her household; | |||
*any person who is an occupant of the insured vehicle; | |||
*any person with a valid BC “driver’s certificate” (i.e. driver’s license) and members of his or her household; and | |||
*any person entitled, in the jurisdiction in which the accident occurred, to maintain an action against the underinsured motorist for damages because of the death of one of the insured. | |||
==== d) Who is Not Covered? ==== | |||
There are certain people who are not entitled to UMP coverage. Section 148.1(3) of the IVR describes when ICBC will not be liable. The following are most relevant, whereby coverage is denied if: | |||
*the insured’s vehicle was in fact not licensed and the insured had no reasonable grounds to believe it was; or | |||
*the vehicle’s operator or passenger did not have the owner’s consent to operate or be in the vehicle and ought to have known there was no consent (i.e. the operator or passenger is in a stolen vehicle). | |||
==== e) UMP Coverage and Accidents Outside B.C. ==== | |||
For accidents occurring outside BC, the '''law of the accident occurred determines the legal liability of an underinsured motorist''', whereas the '''amount''' of the UMP claim is determined by BC law. See section 148.2(6) of the IVR. | |||
UMP protection does not apply in a jurisdiction where the right to sue for injuries caused by a vehicle accident is barred by law (IVR, s 148.2(4)). UMP coverage does not apply to vehicles used as buses, taxis, or limousines (s 148.4). | |||
==== f) Forfeiture and Breach of Conditions ==== | |||
Under section 148.2(5) of the IVR, the same provisions that apply to those outlined under Third Party Legal Liability also apply here (see [[{{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.). An award otherwise available under UMP will be reduced by any amount forfeited by a breach outlined in s 55. | |||
==== g) Dispute Resolution ==== | |||
Any dispute between the claimant and ICBC must be arbitrated. An arbitrator who adjudicates a dispute under this section must publish the reasons for the decision (IVR, s 148.2(1.1) and ((2.1)). | |||