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B.C. Reg. 447/83
O.C. 1897/83
Deposited December 1, 1983
effective January 1, 1984
This consolidation is current to September 14, 2021.
Link to consolidated regulation (PDF)
Link to Point in Time

Insurance (Vehicle) Act

Insurance (Vehicle) Regulation

[Last amended May 1, 2021 by B.C. Reg. 117/2021]

Part 10 — First Party Coverage

Division 1 — Inverse Liability and Uninsured or
Hit and Run Accidents Outside British Columbia

Inverse liability

147   (1) In this section:

"collision coverage" means coverage for loss or damage caused by the upset of a vehicle or collision of a vehicle with another object, including a person or animal;

"insured" means

(a) the person named as an owner in an owner's certificate,

(b) if the person referred to in paragraph (a) is deceased, the personal representative of that person,

(c) a person who can supply written proof that the person is the beneficial owner of a commercial vehicle described in an owner's certificate, but who, because of the licensing requirements of interprovincial or interstate trade, is not named as the owner on the certificate, or

(d) the renter named in an owner's certificate;

"loss or damage" means loss or damage to which collision coverage applies.

(2) If loss or damage occurs in Canada, other than in British Columbia, or the United States of America to a vehicle described in an owner's certificate and the insured does not have a right of action under the law of the place where the loss or damage occurs or where the person responsible for the loss or damage resides, the corporation must, subject to subsections (3) and (4), compensate the insured for the loss or damage in an amount equal to the amount of damages the insured would have recovered if the insured had had a right of action.

(2.1) The corporation is not liable under this section to an insured for loss or damage to a non-standard motor vehicle or an excluded vehicle that arises out of an accident that does not occur on the portion of a highway on which the vehicle is authorized to be operated.

(3) The limit of compensation under this section is, after allowance for salvage, 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.

(4) If a vehicle for which compensation is provided under this section is insured for own damage collision coverage under an optional insurance contract,

(a) compensation provided under this section proportionately reduces the collision deductible paid or payable by the insured under an optional insurance contract issued by the corporation, and

(b) no compensation is payable for loss or damage for which coverage is provided under an optional insurance contract by an insurer other than the corporation.

(5) Any dispute between the insured and the corporation as to the degree of liability, if any, of the insured for loss or damage to a vehicle for which compensation is provided under this section must be submitted to arbitration under the Arbitration Act.

(6) Except as provided in this section, Part 13 applies in respect of a claim under this section.

[am. B.C. Regs. 449/88, s. 27; 166/2006, Sch. s. 71; 341/2007, s. 3; 62/2021, App. 4, s. 34; 117/2021, App. 6, s. 17.]

Repealed

148   Repealed. [B.C. Reg. 117/2021, App. 6, s. 18.]

Transition — uninsured or hit and run accident in Nunavut, Yukon,
Northwest Territories or United States of America

148.01   (1) In this section, "former section" means section 148 as it read immediately before its repeal.

(2) Despite the repeal of section 148 and subject to this section, the former section continues to apply with respect to a certificate issued before May 1, 2021 and valid on May 1, 2021.

(3) In applying the former section as set out in subsection (2) of this section, the following apply:

(a) subsection (7) of the former section must be read

(i) without the phrase "under Part 7 or",

(ii) with the phrase "or any amounts paid" before "under legislation of another jurisdiction", and

(iii) as excluding any amount paid or payable under the Memorial Grant Program for First Responders from amounts paid under legislation of another jurisdiction providing similar benefits;

(b) in addition to an owner's certificate validated by the corporation evidencing what is set out in section 10, it also evidences that an insured, as defined in the former section, has coverage under the former section;

(c) in addition to what is set out in section 49.3, a driver's certificate evidences that an insured who is not in default of premium payable under section 45 has coverage under the former section;

(d) the definition of "deductible amount" in section 148.1 must be read as including an amount paid or payable under the former section;

(e) with respect to an accident occurring on or after January 1, 1985, for the purpose of subsection (3) (e) of the former section, the amount by which the liability of the corporation is limited is $200 000.

(4) The application of the former section as set out in subsection (2) of this section continues until the earlier of the following:

(a) the term of the certificate ends;

(b) the certificate otherwise ceases to be valid.

(5) This section is repealed on May 1, 2022.

[en. B.C. Reg. 117/2021, App. 6, s. 19.]

Division 2 — Underinsured Motorist Protection

Underinsured motorist protection

148.1   (1) In this section:

"assigned corporate driver" means a person assigned by the owner or renter named in an owner's certificate to be the principal driver of a vehicle described in the owner's certificate if

(a) the owner or renter is not an individual, and

(b) the assigned vehicle is a taxable benefit to the assigned person under the Income Tax Act (Canada);

"deductible amount" means an amount

(a) paid or payable by the corporation under section 20 or 24 of the Act, or recoverable by the insured from a similar fund in the jurisdiction in which the accident occurs,

(b) Repealed. [B.C. Reg. 117/2021, App. 6, s. 20 (a).]

(c) paid or payable under Part 7 or under legislation of another jurisdiction that provides compensation similar to benefits, other than under the Memorial Grant Program for First Responders,

(d) paid directly by the underinsured motorist as damages,

(e) paid or payable from a cash deposit or bond given in place of proof of financial responsibility,

(f) to which the insured is entitled under the Workers Compensation Act or a similar law of the jurisdiction in which the accident occurs, 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,

(f.1) to which the insured is entitled under the Employment Insurance Act (Canada),

(f.2) to which the insured is entitled under the Canada Pension Plan,

(g) paid or payable to the insured under a certificate, policy or plan of insurance providing third party legal liability indemnity to the underinsured motorist,

(h) paid or payable under vehicle insurance, wherever issued and in effect, providing underinsured motorist protection for the same occurrence for which underinsured motorist protection is provided under this section,

(i) paid or payable to the insured under any benefit or right or claim to indemnity, or

(j) paid or able to be paid by any other person who is legally liable for the insured's damages;

"insured" means

(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 if that person is an individual,

(i.1) an assigned corporate driver, or

(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

(ii) a member of the household of an insured described in subparagraph (i),

(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 paragraph (a), (b) or (b.1), or

(d) for the purpose of the payment of compensation under this Division, the personal representative of a deceased insured;

"underinsured motorist" means an owner or operator of a vehicle who is legally liable for the injury or death of an insured but is unable, when the injury or death occurs, to pay the full amount of damages recoverable by the insured or the insured's personal representative in respect of the injury or death.

(2) If death or injury of an insured is caused by an accident that

(a) arises out of the use or operation of a vehicle by an underinsured motorist, and

(b) occurs in Canada or the United States of America or on a vessel travelling between Canada and the United States of America,

the corporation must, subject to subsections (1), (5) and (6) and section 148.4, compensate the insured, or a person who has a claim in respect of the death of the insured, for any amount the insured or the person is entitled to recover from the underinsured motorist as damages for the injury or death.

(3) No coverage is provided under underinsured motorist protection to an insured who is

(a) the operator or occupant of a vehicle that

(i) is not licensed under the Motor Vehicle Act, the Commercial Transport Act or in a jurisdiction outside British Columbia in accordance with the legislation of that other jurisdiction, or

(ii) with respect to which no permit has been issued under the Motor Vehicle Act or the Commercial Transport Act,

unless the insured has reasonable grounds to believe that the vehicle has a permit or is licensed,

(b) the operator or occupant of a vehicle that the operator or occupant knew or ought to have known was being operated without the consent of the owner,

(c) the operator or occupant of a vehicle that is exempt under section 1.01 or 1.02 of the Act, whether or not the vehicle is operated by a person named in a driver's certificate,

(d) subject to subsection (3.1), an operator or occupant of a non-standard motor vehicle or excluded vehicle in respect of an accident that does not occur on the portion of the highway on which the vehicle is authorized to be operated, or

(e) subject to subsection (3.1), an individual who is entitled to benefits under Part 10 of the Act arising out of the same accident.

(3.1) Subsection (3) (d) and (e) does not apply with respect to a certificate issued before May 1, 2021 for so long as the certificate remains in effect, and the definition of "deductible amount" is to be read as including an amount paid or payable under Part 10 of the Act in respect of this kind of certificate.

(4) Underinsured motorist protection does not apply to a hit and run accident unless

(a) the hit and run accident occurs on a highway, and

(b) where the hit and run accident occurs in the Yukon, Northwest Territories, Nunavut or United States of America, there is actual physical contact between the insured or the vehicle occupied by the insured and the unidentified vehicle.

(5) The liability of the corporation under this Division for payment under an owner's certificate or driver's certificate of all claims arising out of the same occurrence, including a claim for

(a) prejudgment interest under the Court Order Interest Act or similar legislation of another jurisdiction,

(b) post-judgment interest under the Interest Act (Canada) or similar legislation of another jurisdiction, and

(c) costs awarded by a court or an arbitrator,

must not exceed

(d) the total amount of damages awarded in respect of the accident to all persons insured under that owner's certificate or driver's certificate,

(e) the amount determined under section 148.2 (1), or

(f) the applicable amount set out in section 13 of Schedule 3,

whichever is least, minus the sum of the applicable deductible amounts.

(6) Sections 73 to 76 apply in respect of underinsured motorist protection.

(7) If more than one certificate provides underinsured motorist protection to an insured, the insured must be compensated only under one such certificate.

(8) If, in the event of a claim, an insured has access to underinsured motorist protection coverage under both an owner's certificate and a driver's certificate, the insured must be compensated under the owner's certificate.

(9) If, in the event of a claim, an insured has access to underinsured motorist protection coverage or similar insurance protection under vehicle insurance in another jurisdiction, the benefits of that coverage are primary and any benefits provided under this Division are available only to the extent that the amount of benefits provided by the certificate exceeds the amount of benefits provided by the primary insurance.

(10) An insured, or the personal representative of an insured, who, before the corporation settles a claim for injury or death of the insured arising out of the operation of a vehicle by an underinsured motorist, commences an action against the underinsured motorist, must immediately serve the corporation with a copy of the notice of civil claim in the action.

(11) If an insured commences an action in British Columbia against a person who may be an underinsured motorist, the corporation may apply to the court to be added as a party to that action.

(12) If the laws of British Columbia applied to an action referred to in subsection (11), a judgment in the action by a court in British Columbia is binding on the corporation and on an arbitrator under section 148.2, whether or not the corporation makes an application under subsection (11).

[en. B.C. Reg. 324/91, s. 35; am. B.C. Regs. 379/93, s. 10; 271/97; 424/97, s. 4; 470/99, s. 4; 452/2003, s. 5; 166/2006, Sch. s. 73; 341/2007, s. 3; 156/2010, s. (b); 117/2021, App. 6, s. 20.]

Restrictions on liability

148.2   (1) Subject to subsection (1.1), the determination as to whether an insured provided underinsured motorist protection under section 148.1 is entitled to compensation and, if so entitled, the amount of compensation, must be made by agreement between the insured and the corporation, but any dispute as to whether the insured is entitled to compensation or as to the amount of compensation must be submitted to arbitration under the Arbitration Act.

(1.1) A dispute about whether a person is an insured under this Division may be submitted to arbitration under the Arbitration Act regardless of whether there has been a determination that the injury or death of the person was caused by the use or operation of a vehicle by an underinsured motorist.

(2) Despite subsection (1), section 50 (2) (a), (b) (iii), (c) and (d) of the Arbitration Act does not apply in respect of an order for costs of an arbitration.

(2.1) An arbitrator who adjudicates a dispute under this section must publish the reasons for the decision by forwarding a copy of the reasons, with personal information that would identify the parties deleted, to the corporation for publication on its website.

(3) An arbitrator may make an order as to costs of an arbitration only on a party and party basis.

(4) The corporation is not liable under section 148.1

(a) in respect of an accident occurring in a jurisdiction of Canada or the United States of America in which the right to sue and recover damages for injury or death caused by an accident is barred by law, or

(b) to an insured who, without the written consent of the corporation and to its prejudice, settles or prosecutes to judgment an action against a person or organization that may be liable to the insured for injury or death.

(4.1) The corporation is deemed to have provided consent under subsection (4) (b) if it does not respond within 90 days to a written request for consent that is sent by registered mail addressed to the claim office dealing with the insured's claim.

(5) If an insured breaches a condition of section 55 or does or omits to do anything and, as a result of the breach, action or omission, the insured is disqualified from receiving one or more of the amounts referred to in the definition of "deductible amount" in section 148.1 (1), the insured's claim under the insured's underinsured motorist protection must be reduced by the amount to which the insured would, but for the breach, action or omission, have been entitled.

(6) Subject to subsection (1), if an accident for which a claim is made under section 148.1 occurs in another jurisdiction,

(a) the law of the place where the insured suffered the injury for which the claim is made must, whether or not death results from that injury, be applied

(i) to determine if the insured is legally entitled to recover damages and, if so, the degree to which the insured is entitled, and

(ii) in any arbitration proceedings arising out of a difference between the insured and the corporation as to whether the insured is legally entitled to recover damages or the degree to which the insured is entitled, and

(b) the law of the Province must be applied

(i) to determine the measure of any damages recoverable by the insured and to assess the amount of compensation payable to the insured, and

(ii) in any arbitration proceedings arising out of a difference between the insured and the corporation respecting the measure of any damages or the amount of compensation.

[en. B.C. Reg. 324/91, s. 35; am. B.C. Regs. 166/2006, Sch. s. 74; 212/2007; 234/2018, App. 2, s. 21; 117/2021, App. 6, s. 21.]

Underinsured motorist protection for garage vehicle certificate holders

148.3   If the underinsured motorist protection relates to a garage vehicle certificate, protection is extended to an officer or employee of the garage service operator who, in the course of the officer's or employee's duties or employment, is an occupant of a customer's vehicle while the vehicle is being operated by its owner or is in the care, custody or control of the garage service operator.

[en. B.C. Reg. 324/91, s. 35; am. B.C. Regs. 441/98, s. 13; 166/2006, Sch. s. 24; 46/2007, Sch. 2, s. 1; 117/2021, App. 6, s. 22.]

Excluded coverage

148.4   (1) Coverage under this Division is not provided by an owner's certificate issued in respect of any of the following:

(a) a bus;

(b) a taxi;

(c) a limousine use vehicle.

(2) An owner's certificate issued in respect of a vehicle operated as a TNS-only vehicle under a transportation network services authorization does not provide coverage under this Division to an insured who is an occupant of the vehicle if death or injury is caused by an accident that occurs when

(a) the vehicle has been hailed by or for passengers through the use of the online platform to which the transportation network services authorization relates, and

(b) a person is operating the vehicle for the purposes of picking up, transporting or dropping off those passengers.

[en. B.C. Reg. 161/2019, s. 6; am B.C. Reg. 48/2020, s. 3.]

Repealed

148.5-148.6   Repealed. [B.C. Reg. 452/2003, s. 6.]

Repealed

148.7   Repealed. [B.C. Reg. 166/2006, Sch. s. 75.]

Contents | Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Schedules 1 to 10