Limit of liability

105   (1) The liability of the corporation for payment of all claims under section 20 or 24 of the Act arising out of the same accident, including in either case a claim for

(a) prejudgment interest under the Court Order Interest Act,

(b) post-judgment interest under the Interest Act (Canada), and

(c) costs awarded by a court,

must, notwithstanding the number of claims or the number of people making claims, not exceed the amount set out in section 9 (1) of Schedule 3.

(2) The liability of the corporation under section 24 (1) of the Act, as that section read on April 30, 2021, arising out of accidents occurring before May 1, 2021 for recovery for property damage is limited to the amount by which the damage exceeds the amount set out in section 9 (2) of Schedule 3 of this regulation.

(3) The liability of the corporation under section 24 (1.1) of the Act arising out of accidents occurring on or after May 1, 2021 for recovery for non-vehicle property damage is limited to the amount by which the damage exceeds the amount set out in section 9 (2) of Schedule 3.

[am. B.C. Regs. 254/93, s. 2 (a); 166/2006, Sch. s. 68; 62/2021, App. 4, s. 31.]

Exclusion of other insured loss

106   (1) In this section, "insured claim" means any benefit, compensation similar to benefits, right to indemnity or claim to indemnity accruing to a person entitled to benefits, compensation or indemnity or to the personal representative or guardian of the person, and includes a benefit, compensation, right or claim

(a) under the Workers Compensation Act or a similar law or plan of another jurisdiction, unless

(i) the insured elects not to claim compensation under section 10 (2) of the Workers Compensation Act and the insured is not entitled to compensation under section 10 (5) of that Act, or

(ii) the Workers Compensation Board pursues its right of subrogation under section 10 (6) of the Workers Compensation Act,

(b) under the Employment Insurance Act (Canada), or

(c) of the government of Canada, the government of another province or territory of Canada, or the government of a foreign jurisdiction.

(2) No amount shall be paid by the corporation under section 20 or 24 of the Act in respect of that part of a claim that is paid or payable as an insured claim.

(3) Repealed. [B.C. Reg. 380/2000, s. 5.]

[am. B.C. Regs. 335/84, s. 23; 379/85, s. 39; 408/87, s. 25; 246/98, s. 4; 380/2000, s. 5; 166/2006, Sch. s. 69.]

Conditions of liability

107   (1) The corporation is not liable to an owner of a vehicle who makes a claim under section 24 of the Act for damage to the vehicle arising out of an accident occurring before May 1, 2021 if the owner, without reasonable cause, has not

(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.

(2) The corporation is not liable in respect of

(a) a claim under section 20 or 24 of the Act for damage to a vehicle, or to a vehicle's equipment or to property carried in or on a vehicle, arising

(i) while the vehicle is, without the consent of the owner, in the possession of another, and

(ii) out of an accident occurring before May 1, 2021, or

(b) a claim under section 24 of the Act by the Province or Canada or by a municipality, public or private utility or other similar person in respect of damage to a highway or a structure or thing placed or maintained in, on, under or over a highway.

[am. B.C. Regs. 491/95, s. 18; 347/96, s. 4; 62/2021, App. 4, s. 32.]

Forms

108   (1) The forms set out in Schedule 4 are prescribed for the purpose of section 20 of the Act in respect of accidents occurring before May 1, 2021.

(2) The forms set out in Schedule 4.1 are prescribed for the purpose of section 20 of the Act in respect of accidents occurring on or after May 1, 2021.

[en. B.C. Reg. 62/2021, App. 4, s. 33.]