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Difference between revisions of "Claims Involving Out-of-province Insurers or Accidents (12:XIII)"
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Claims Involving Out-of-province Insurers or Accidents (12:XIII) (view source)
Revision as of 04:19, 7 October 2022
, 04:19, 7 October 2022→2. Underinsured Motorist Protection (UMP) Entitlements
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Underinsured Motorist Protection is mandatory first-party coverage provided by ICBC to compensate an insured in the case of injury or death caused by an at-fault motorist. Generally, most residents of B.C. will have <span class="noglossary">access</span> to UMP coverage as the definition of an “insured” set out at s 148.1 of the ''IVA'' includes: | Underinsured Motorist Protection is mandatory first-party coverage provided by ICBC to compensate an insured in the case of injury or death caused by an at-fault motorist. Generally, most residents of B.C. will have <span class="noglossary">access</span> to UMP coverage as the definition of an “insured” set out at s 148.1 of the ''IVA'' includes: | ||
(b) a person who is | :(a) an occupant of a motor vehicle described in the owner's certificate, | ||
:(b) a person who is | |||
::(i) named as the owner or renter in the owner's certificate where that person is an individual, | |||
::(i.1) an assigned corporate driver, or | |||
(b.1) a person who is | ::(ii) a member of the household of a person described in subparagraph (i) or (i.1), | ||
:(b.1) a person who is | |||
::(i) an insured as defined in section 42 and who is not in default of premium payable under section 45, or | |||
(c) a person who, in the jurisdiction in which the accident occurred, is entitled to maintain an action against the underinsured motorist for damages because of the death of a person described in paragraphs (a), (b) or (b.1), and, for the purpose of the payment of compensation under this Division, includes the personal representative of a deceased insured. | ::(ii) a member of the household of an insured described in subparagraph (i), or | ||
:(c) a person who, in the jurisdiction in which the accident occurred, is entitled to maintain an action against the underinsured motorist for damages because of the death of a person described in paragraphs (a), (b) or (b.1), and, for the purpose of the payment of compensation under this Division, includes the personal representative of a deceased insured. | |||
If a claimant is injured in an accident caused by an individual with limited or no insurance, the ''IVA'' still provides for compensation. However, UMP coverage is coverage of last resort, and ICBC often requires a claimant to exhaust all other avenues before accessing UMP, including litigating against an at-fault motorist with limited coverage. | If a claimant is injured in an accident caused by an individual with limited or no insurance, the ''IVA'' still provides for compensation. However, UMP coverage is coverage of last resort, and ICBC often requires a claimant to exhaust all other avenues before accessing UMP, including litigating against an at-fault motorist with limited coverage. | ||