ICBC Enhanced Care System (Current Model) (12:III): Difference between revisions
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== A. Enhanced Accident Benefits: Overview == | == A. Enhanced Accident Benefits: Overview == | ||
Enhanced Accident Benefits are provided as part of basic coverage, and are outlined under Part 10 of the ''Insurance (Vehicle) Act'' [''IVA'']. These benefits apply to accidents on or after May 1, 2021, “in which there is bodily injury caused by a vehicle” (''IVA'' ss 113 and 114(1)). These benefits are awarded on a no-fault basis, which means that they are paid directly by the insurer to the insured, irrespective of the fault of the insured (''IVA'', s 117). This also means that, under the new system, there is no longer a right of action (an ability to bring a lawsuit for damages against the other party) for injury arising from a vehicle accident (''IVA'', s 115). There are a few limited exceptions to this bar on actions for injury from a vehicle accident, which are outlined in [[When You Can Still Sue (12:VII)|Section VII: When You Can Still Sue]]. | Enhanced Accident Benefits are provided as part of basic coverage, and are outlined under Part 10 of the ''Insurance (Vehicle) Act'' [''IVA'']. These benefits apply to accidents on or after May 1, 2021, “in which there is bodily injury caused by a vehicle” (''IVA'' ss 113 and 114(1)). These benefits are awarded on a no-fault basis, which means that they are paid directly by the insurer to the insured, irrespective of the fault of the insured (''IVA'', s 117). This also means that, under the new system, there is no longer a right of action (an ability to bring a lawsuit for damages against the other party) for injury arising from a vehicle accident (''IVA'', s 115). There are a few limited exceptions to this bar on actions for injury from a vehicle accident, which are outlined in [[When You Can Still Sue (12:VII)|Section VII: When You Can Still Sue]]. | ||
=== 1. Entitlement to Enhanced Benefits for BC Residents versus Non-Residents: === | |||
BC residents are covered by Enhanced Accident Benefits for accidents in BC, and for accidents in other jurisdictions in Canada and the United States. | |||
For non-residents involved in an accident within BC, or one outside of BC but involving a BC-registered vehicle, particular considerations may apply to determine eligibility. See s 119 of the ''IVA'' for more detail on entitlement to benefits in these circumstances. | |||
=== 2. Claim deadlines and Requirement to report promptly:=== | |||
As a general rule, the insured has two years from the date of the accident within which to make a claim for Enhanced Accident Benefits (''Enhanced Accident Benefits Regulation'', BC Reg 59/2021, s 55(1), [''EABR'']). However, there are certain circumstances in which the deadline for making a claim may be measured differently. S 55 (1) of the ''Enhanced Accident Benefits Regulation'' sets out claim deadlines in specified circumstances. Please do not rely on this manual chapter as an authority for claim deadlines, and be sure to consult the regulation closely or speak with ICBC directly to confirm your deadline by which to make a claim, as it may change or may be case-specific. | |||
Note that in order to access Enhanced Accident Benefits, the insured also has a duty to, “''promptly notify the corporation of the accident''” when an accident occurs (''EABR'', s 56(1)). If an insured fails to do so, “without reasonable excuse and to the prejudice of the corporation”, then benefits may be refused (''EABR'', s 56(2)). For this reason, ''it is important to not delay in reporting an accident to ICBC'', as this may affect your ability to make a claim later. | |||
Note that there may be other deadlines related to your Enhanced Accident Benefit claim not noted here. | |||
{{LSLAP Manual Navbox|type=chapters8-14}} | {{LSLAP Manual Navbox|type=chapters8-14}} | ||