ICBC and Basic Compulsory Autoplan Coverage (12:X): Difference between revisions
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ICBC and Basic Compulsory Autoplan Coverage (12:X) (view source)
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{{LSLAP 12 Old System Notice}} | {{LSLAP 12 Old System Notice}} | ||
ICBC is the sole provider of basic insurance for non-exempt vehicles in BC. Exempt vehicles are described in sections 43–44 of the ''IVA'' and also in section 2 of the ''IVR''. For most vehicles owned, leased or operated in BC, third-party liability coverage up to $200,000 is only available from ICBC. Full coverage for exempt vehicles, extended coverage in excess of the basic coverage (third party liability insurance over $200,000, ''IVR'', s 67), and collision (“own damage”) insurance may be purchased from either ICBC or from private insurers. See [[ | ICBC is the sole provider of basic insurance for non-exempt vehicles in BC. Exempt vehicles are described in sections 43–44 of the ''IVA'' and also in section 2 of the ''IVR''. For most vehicles owned, leased or operated in BC, third-party liability coverage up to $200,000 is only available from ICBC. Full coverage for exempt vehicles, extended coverage in excess of the basic coverage (third party liability insurance over $200,000, ''IVR'', s 67), and collision (“own damage”) insurance may be purchased from either ICBC or from private insurers. See [[Optional ICBC Insurance (12:XI)|Section X: Optional Insurance]], below. Note that private insurers may have their own requirement for coverage that may be above and beyond the requirements of ICBC | ||
Vehicles licensed in BC are required by law to carry basic compulsory coverage, which is evidenced by a certificate of automobile insurance issued under the ''IVA'' to someone licensed under the ''MVA'' (i.e. the “insured”). | Vehicles licensed in BC are required by law to carry basic compulsory coverage, which is evidenced by a certificate of automobile insurance issued under the ''IVA'' to someone licensed under the ''MVA'' (i.e. the “insured”). | ||
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== A. Scope of Coverage == | == A. Scope of Coverage == | ||
Subject to various limitations and exclusions, basic compulsory coverage is set out in the IVR and provides the insured with: | Subject to various limitations and exclusions, basic compulsory coverage is set out in the ''IVR'' and provides the insured with: | ||
*indemnity for third party legal liability (Part 6); | *indemnity for third party legal liability (Part 6); | ||
*accident benefits; no-fault benefits payable for death or injury (Part 7); | *accident benefits; no-fault benefits payable for death or injury (Part 7); | ||
*coverage for damages caused by uninsured or unidentified motorists (Part 8); | *coverage for damages caused by uninsured or unidentified motorists (Part 8); | ||
*first party coverage (Part 10) | *first party coverage (Part 10). This includes: | ||
*inverse liability (Division 1 of Part 10); and | <blockquote>*inverse liability (Division 1 of Part 10); and | ||
*underinsured motorist protection (UMP) (Division 2 of Part 10). | *underinsured motorist protection (UMP) (Division 2 of Part 10).</blockquote> | ||
== B. Third Party Legal Liability: Part 6 of the IVR == | == B. Third Party Legal Liability: Part 6 of the IVR == | ||
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=== 1. Indemnity === | === 1. Indemnity === | ||
This insurance indemnifies the insured against liability imposed on the insured by law for the injury or death of another, and/or loss or damage to another’s property, to a total limit of $200,000 (IVR, s 67), to be shared among the victims of a motor vehicle accident (Schedule 3, s 1). The base limit of liability is $500,000 in claims made for a bus, and $300,000 in claims made for a taxi or limousine. Extended Third-Party Legal Liability coverage may be purchased at the insured’s discretion. ( | This insurance indemnifies the insured against liability imposed on the insured by law for the injury or death of another, and/or loss or damage to another’s property, to a total limit of $200,000 (''IVR'', s 67), to be shared among the victims of a motor vehicle accident (Schedule 3, s 1). The base limit of liability is $500,000 in claims made for a bus, and $300,000 in claims made for a taxi or limousine. Extended Third-Party Legal Liability coverage may be purchased at the insured’s discretion. ([[Optional ICBC Insurance (12:XI)|See Section X: Optional Insurance,]] below). '''If the insured is found legally liable, and no extended coverage has been purchased, he or she is responsible for payment of any claims in excess of the above limits.''' | ||
As of September 16, 2019, ICBC introduced a new insurance category (blanket insurance certificate) for transportation network services (TNS) or ride-hailing companies such as Uber and Lyft. The blanket basic coverage provides coverage up to $1,000,000 third party liability when the vehicle is a) hailed by passengers through the online platform and b) is operated to transport the passengers (IVR, s 154). This blanket coverage is not for individual drivers and it is mandatory for ride-hailing companies. | As of September 16, 2019, ICBC introduced a new insurance category (blanket insurance certificate) for transportation network services (TNS) or ride-hailing companies such as Uber and Lyft. The blanket basic coverage provides coverage up to $1,000,000 third party liability when the vehicle is a) hailed by passengers through the online platform and b) is operated to transport the passengers (''IVR'', s 154). This blanket coverage is not for individual drivers and it is mandatory for ride-hailing companies. | ||
=== 2. Who is Covered === | === 2. Who is Covered === | ||
The definitions of “insured” for this part of the IVR may be found in IVR, s 63. For our purposes, the most relevant definitions of “insured” are: | The definitions of “insured” for this part of the ''IVR'' may be found in ''IVR'', s 63. For our purposes, the most relevant definitions of “insured” are: | ||
*a) a person named in an owner’s certificate; or | *a) a person named in an owner’s certificate; or | ||
*b) b) an individual who operates the vehicle described in the owner’s certificate with the consent of the owner; or | *b) b) an individual who operates the vehicle described in the owner’s certificate with the consent of the owner; or |