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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 21:05, 6 October 2022
, 21:05, 6 October 2022→2. Uninsured or hit and run accidents in Nunavut, the Yukon, Northwest Territories or United States of America
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Compensation under this section is limited to, “the least of the following: (a) the cost of repairing the vehicle; (b) the declared value of the vehicle; (c) the actual cash value of the vehicle” (''IVR'', s 147(3)). | Compensation under this section is limited to, “the least of the following: (a) the cost of repairing the vehicle; (b) the declared value of the vehicle; (c) the actual cash value of the vehicle” (''IVR'', s 147(3)). | ||
===2. Uninsured or | ===2. Uninsured or Hit and Run Accidents in Nunavut, the Yukon, Northwest Territories or United States of America=== | ||
Section 148 of the ''IVA'' specifies coverage in situations where, “death or injury of an insured arises out of the operation on a highway in Nunavut, the Yukon Territory, the Northwest Territories or the United States of America of an unidentified or uninsured vehicle, other than an uninsured vehicle owned by or registered in the name of the insured or a member of the same household as the insured.” | Section 148 of the ''IVA'' specifies coverage in situations where, “death or injury of an insured arises out of the operation on a highway in Nunavut, the Yukon Territory, the Northwest Territories or the United States of America of an unidentified or uninsured vehicle, other than an uninsured vehicle owned by or registered in the name of the insured or a member of the same household as the insured.” | ||
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Note that the insured has certain duties in order to access this coverage. The ''IVA'' specifies that ICBC, “is not liable…unless the insured or a representative of the insured”: | Note that the insured has certain duties in order to access this coverage. The ''IVA'' specifies that ICBC, “is not liable…unless the insured or a representative of the insured”: | ||
( | :(a) with respect to an accident with an unidentified vehicle, '''reports the accident within 24 hours''' after its occurrence to a policeman, peace officer, judicial officer or the administrator of any law respecting motor vehicles, | ||
(''IVR'', s 148(5) | :(b) within '''28 days after the occurrence, files with the corporation a statement under oath''' that the insured has a cause of action arising out of the accident against the owner or driver of an unidentified or uninsured vehicle and setting out the facts in support of that statement, and on the request of the corporation, allows the corporation to inspect the motor vehicle the insured occupied at the time of the occurrence. (''IVR'', s 148(5) | ||
In addition to the above, ICBC will ''not'' be liable (i.e. ICBC will not compensate the claimant) in the following situations: | In addition to the above, 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 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 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'''. Under section 148(4)(b) of the IVR, the insured: | * if the insured fails to comply with s 148(4)(b) '''to the prejudice of ICBC'''. Under section 148(4)(b) of the IVR, the insured: | ||
<blockquote> <blockquote> | <blockquote> <blockquote> | ||
* must file a copy of the originating process with ICBC within 60 days of the action commencing; '''and''' | :* 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 | :* must not settle a claim without the written consent of ICBC (''IVR'', s 148(4) | ||
(''IVR'', s 148(4) | |||
===3. Underinsured Motorists=== | ===3. Underinsured Motorists=== | ||