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Difference between revisions of "ICBC and Basic Coverage (12:III)"
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ICBC and Basic Coverage (12:III) (view source)
Revision as of 20:17, 8 August 2021
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===D. Uninsured Motorists === | ===D. Uninsured Motorists === | ||
This portion of basic coverage covers non-vehicle property damage caused to the insured’s property by an uninsured (identified) motorist, in British Columbia (''IVA'', s 20). This insurance is capped at $200,000 (''IVR'', Schedule 3, s 9(1)). | This portion of basic coverage covers ''non-vehicle property damage'' caused to the insured’s property by an uninsured (identified) motorist, in British Columbia (''IVA'', s 20). This insurance is capped at $200,000 (''IVR'', Schedule 3, s 9(1)). | ||
ICBC will not indemnify the claimant for amounts that the claimant can claim through, “any benefit, compensation similar to benefits, right to indemnity or claim to indemnity” that the claimant is entitled to (''IVR'', s 106(1)). This includes benefits such as those available under the ''Workers Compensation Act'' and the ''Employment Insurance Act''. | ICBC will not indemnify the claimant for amounts that the claimant can claim through, “any benefit, compensation similar to benefits, right to indemnity or claim to indemnity” that the claimant is entitled to (''IVR'', s 106(1)). This includes benefits such as those available under the ''Workers Compensation Act'' and the ''Employment Insurance Act''. | ||
The process for claiming under this section remains the same as under the old ICBC system, and involves the insured claimant applying to ICBC. Once this claim is sent, ICBC has the ability to settle in favour of the claimant or to require the claimant to take legal action (''IVA'', s 20(5)). See [[ICBC and Compulsory Coverage (12:X)|Part II, Section IX.D.i:]] of this manual (Uninsured Motorists or Unidentified Motorist Cases) for technical information on ICBC’s rights and obligations in this process. | The process for claiming under this section remains the same as under the old ICBC system, and involves the insured claimant applying to ICBC. Once this claim is sent, ICBC has the ability to settle in favour of the claimant or to require the claimant to take legal action (''IVA'', s 20(5)). See [[ICBC and Compulsory Coverage (12:X)|Part II, Section IX.D.i:]] of this manual (Uninsured Motorists or Unidentified Motorist Cases) for technical information on ICBC’s rights and obligations in this process. | ||
===E. Unidentified Motorists (Hit and Run)=== | |||
This portion of basic coverage covers ''non-vehicle property damage'' caused to the insured’s property by an unidentified motorist (i.e. a hit and run case) in British Columbia. This coverage allows the insured party to bring a legal action against ICBC as a nominal defendant in order to obtain damages (''IVA'', s 24). | |||
This insurance is capped at $200,000 (''IVR'', Schedule 3, s 9(1)), although a $750 deductible is subtracted from the total coverage amount paid to the insured (''IVR'', Schedule 3, s 9(1)). | |||
ICBC will not indemnify the claimant for amounts that the claimant can claim through, “any benefit, compensation similar to benefits, right to indemnity or claim to indemnity” that the claimant is entitled to (''IVR'', s 106(1)). This includes benefits such as those available under the ''Workers Compensation Act'' and ''the Employment Insurance Act.'' | |||
Obligations of the insured in unidentified motorist cases: | |||
It is critical that, to claim coverage, the insured must have: | |||
<blockquote>(a) '''within 48 hours after the discovery of the damage''', made a report to the police of the circumstances in which the damage occurred, | |||
(b) obtained the police case file number for the report, and | |||
(c) on request of the corporation, advised the corporation of the police case file number. | |||
(''IVR'', s 107(1)) </blockquote> | |||
In addition, in order for a claimant to make a claim or get a judgment against ICBC in unidentified motorist cases, 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)). See [[ICBC and Compulsory Coverage (12:X)|Part II, Section IX.D.ii]] of this manual for more details on the case law in relation to this requirement. | |||
Finally, to proceed with the claim against ICBC as a nominal defendant, the claimant must give written notice to ICBC “as soon as reasonably practicable” and within six months of the accident (''IVA'', s 24(2)). | |||
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