Insurance Motor Vehicle Regulation 447

This archived regulation consolidation is current to December 3, 2004 and includes changes enacted and in force by that date. For the most current information, click here.

REVISED REGULATION (1984)
UNDER THE INSURANCE (MOTOR VEHICLE) ACT � Continued
B.C. Reg. 447/83

Part 8 � Third Party Rights Occasioned by Uninsured
or Unidentified Motorists

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

shall, notwithstanding the number of claims or claimants, 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 for recovery for property damage shall be limited to the amount by which the damage exceeds the amount set out in section 9 (2) of Schedule 3.

[am. B.C. Reg. 254/93, s. 2 (a).]

Exclusion of other insured loss

106 (1) In this section "insured claim" means any benefit, right to indemnity or claim to indemnity accruing to a claimant and includes a benefit or right or claim

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

(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(3) Repealed.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.]

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 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

(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 while the vehicle is, without the consent of the owner, in the possession of another, 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.]

Forms

108 The forms set out in Schedule 4 are prescribed for the purpose of section 20 of the Act.