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| Copyright (c) Queen's Printer, Victoria, British Columbia, Canada | Licence Disclaimer |
| This archived regulation consolidation is current to April 1, 2005 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
Division 1 — Third Party Legal Liability Extension Insurance
109 (1) On payment of the premium for the applicable rate class, an applicant may obtain third party legal liability indemnity up to the extended limit of indemnity selected by the applicant.
(2) Part 6 applies in respect of indemnity provided under this section.
110 to 112 Repealed. [B.C. Reg. 324/91, s. 25.]
Division 2 — Own Damage Coverage
113 In this Division:
"ambulance" means a motor vehicle which is designed and constructed for the purpose of transporting injured or other persons requiring medical attention;
"deductible amount" means that part of a loss or damage to property sustained by an insured and payable by the insured regardless of the total amount of the loss or damage;
"equipment" means, with respect to a vehicle to which section 122 (1), (2) or (3) or section 123 applies, the equipment referred to in the applicable section or subsection and includes a paint finish and protective treatment, but does not include
(a) any device intended to circumvent law enforcement, including a radar detector, laser jammer or laser detector,
(b) sound and communication equipment that is designed to be removable from the vehicle for operation in another location, or
(c) a track conversion system that replaces one or more sets of tires or wheels required by the original design of a vehicle for its operation;
"hearse" means a motor vehicle designed and used only for conveying the dead;
"insured" means
(a) the person named as an owner in an owner's certificate,
(b) where the person described in paragraph (a) is deceased, the personal representative of that person,
(c) a person who can supply written proof that he is the beneficial owner of a commercial vehicle described in an owner's certificate, but because of the licensing requirements of interprovincial or interstate trade, is not named as the owner on the certificate, or
(d) the lessee of a vehicle described in an owner's certificate;
"leisure van" means a motor vehicle having a cargo carrying area that has been modified by the inclusion of fixtures so that the use of the motor vehicle is primarily for personal or recreational purposes;
"limousine" means a motor vehicle which has been modified, other than by the original manufacturer, by stretching of the original manufacturer's model and by providing
(a) a luxury style interior,
(b) a partition separating the driver or chauffeur from the passenger carrying compartment, or
(c) additional seating;
"mobile crane" means a fixed load vehicle to which is permanently attached a machine for the raising, shifting and lowering of weights by means of a projecting swinging arm;
"modified commercial vehicle" means a commercial motor vehicle with a gross vehicle weight of not more than 5 000 kg, which is constructed by a primary manufacturer as a cab and chassis and to which a body constructed by a secondary manufacturer is added;
"modified motor vehicle" means a motor vehicle of a manufacturer's make in which a person who is not a manufacturer of motor vehicles has altered
(a) the body of the motor vehicle so that it resembles, but is no longer identical in appearance to, the original body of the motor vehicle, or
(b) any one or more of the following so that they differ from the manufacturer's available original equipment options for the model year of that motor vehicle:
(i) the chassis;
(ii) the power train;
(iii) the steering and braking mechanical components;
"motor home" means a motor home as defined in the Motor Vehicle Act;
"owner's certificate" means an owner's certificate, policy or endorsement providing own damage coverage;
"replicar" means a motor vehicle manufactured to resemble a previously known make, constructed entirely of new components;
"replikit" means a motor vehicle designed to resemble a previously known make, reconstructed of new or refurbished components;
"specialty vehicle" means a vehicle constructed using new components that may or may not be manufactured by the assembler resulting in a unique appearing vehicle;
"ubilt" means a vehicle used as a private passenger motor vehicle or a commercial motor vehicle with a gross vehicle weight of not more than 5 000 kg, and normally built by an individual (often home built for their own use) where it does not resemble the original vehicle from which the components were taken;
"windshield damage" means any fractures, cracks or chips, caused by missiles or flying objects, occurring to the glass or other transparent shielding located at the front of a vehicle which protects or shields occupants of the vehicle from the wind.
[am. B.C. Regs. 335/84, s. 26; 379/85, s. 43; 257/86, s. 24; 408/87, s. 29; 449/88, s. 21; 383/89, s. 20; 448/90, s. 19; 324/91, s. 26; 379/93, s. 6; 404/94, s. 13; 441/98, s. 8; 380/2000, s. 6; 259/2001, s. 2; 263/2001, s. 7; 298/2002, s. 4.]
114 This Division does not apply in respect of
(a) a mobile crane,
(b) logging machinery or equipment, other than a logging truck or trailer designed principally for use on a highway, and
(c) an industrial machine of the crawler type, other than a snow vehicle and a snowmobile.
[am. B.C. Reg. 379/93, s. 7.]
115 (1) On payment of the premium for the type of own damage coverage selected and the applicable vehicle rate class, the corporation may, subject to section 7 (2) of the Act and subsections (2) to (4) of this section, provide own damage coverage for a vehicle.
(2) Notwithstanding subsection (1), the corporation may, at the discretion of the corporation, refuse to provide own damage coverage for a vehicle.
(3) Subsection (1) does not apply to a vehicle if
(a) the applicant who applies for own damage coverage has been convicted under section 131, 140, 334, 335 (1), 354, 355, 366, 368, 380, 430, 433, 434, 434.1, 435 or 436 of the Criminal Code (Canada), or has been convicted under the Young Offenders Act (Canada) of any of the offences set out in those sections, in respect of a claim made to the corporation under the Act or this regulation,
(b) the conviction was on or after January 1, 1994, and
(c) the conviction was in the 3 years immediately before the application.
(3.1) Subsection (1) does not apply to a vehicle if
(a) the applicant who applies for own damage coverage has been convicted under section 42.1 (2) of the Act, or has been convicted under the Young Offenders (British Columbia) Act of an offence under section 42.1 (2) of the Act, in respect of a claim made to the corporation under the Act or this regulation,
(b) the conviction was on or after August 1, 1997, and
(c) the conviction was in the 3 years immediately before the application.
(4) Collision coverage under subsection (1) is subject to the minimum deductible in Column 2 of Table 4.3 of Schedule 1 set out opposite the vehicle's position on the claim-rated scale in Column 1 and, where the position of the vehicle on the claim-rated scale is level 19 and above, no collision coverage will be provided by the corporation.
(5) In this section "applicant" means the person named as an owner in an owner's certificate, a lessee of a vehicle, or a joint owner of a vehicle.
[am. B.C. Regs. 379/93, s. 8; 404/94, s. 14; 491/95,
s. 19; 347/96, s. 5; 424/97, s. 3;
292/2000, Sch. B, s. 14; 380/2000, s. 7; 298/2002, s. 5.]
116 Where own damage coverage is provided under an owner's certificate, the corporation shall, subject to sections 117, 120, 121, 122 and 131, indemnify an insured, to the extent of his insurable interest, in respect of direct and accidental loss or damage to the vehicle described in the owner's certificate or its equipment or both that
(a) occurs in Canada or the United States of America or on a vessel travelling between Canada and the United States of America, and
(b) is caused by one of the perils for which the own damage coverage is provided.
117 (1) Subject to sections 121, 122 and 131, the liability of the corporation for payment of indemnity for loss or damage described in section 116 is limited to the amount by which
(a) the cost of repairing or replacing the vehicle and its equipment or any part of it with material of a similar kind or quality,
(b) the declared value of the vehicle and its equipment, where appropriate, or
(c) the actual cash value of the vehicle and its equipment,
whichever is least, exceeds the deductible amount set out in the owner's certificate for the vehicle, or each vehicle in a combination of vehicles.
(2) The corporation is not liable for that part of the cost of repair or replacement that improves a vehicle beyond the condition in which it was before the loss or damage occurred.
(3) The corporation may determine
(a) whether a vehicle and its equipment or any part of it shall be repaired or replaced, and
(b) whether to pay a garage service operator in respect of a repair or replacement instead of making a payment to the insured.
(4) The liability of the corporation for loss or damage to an obsolete part of an insured vehicle, or a part the manufacturer does not have in stock, is limited to the price at which the part was last listed on the manufacturer's price list.
(5) Repealed. [B.C. Reg. 438/92, s. 16.]
(6) If an owner's certificate sets out a deductible amount of $300 for comprehensive coverage, the deductible amount applicable to any claim that includes windshield damage shall be $200.
[am. B.C. Regs. 257/86, s. 25; 383/89, s. 21; 324/91, s. 27; 438/92, s. 16; 259/2001, s. 3.]
118 Where loss or damage described in section 116 occurs, the corporation shall pay, in addition to any amount payable for the loss or damage, any amount for which the insured is liable for
(a) any general average, salvage or fire department charges,
(b) any customs duties or bond required by Canada or the United States of America arising from replacement parts used to repair the vehicle in the United States of America as a result of an accident occurring there, and
(c) any bond required by a court, a province of Canada or a state of the United States of America.
[am. B.C. Reg. 335/84, s. 27.]
119 (1) Repealed. [B.C. Reg. 257/86, s. 26.]
(2) An applicant who applies for own damage coverage for a motor home, custom vehicle or vehicle not described by a vehicle rate group set out in Appendix 1 shall, for the purpose of determining the premium payable for the coverage, declare the value of the vehicle and of its equipment.
(3) Where a declared value submitted under subsection (2) is less than 90% of the actual cash value of the vehicle together with its equipment, the insured is a co-insurer with the corporation for any loss or damage to the vehicle and its equipment.
(4) Where the insured is a co-insurer under subsection (3), the amount of the co-insured portion of the loss or damage for which indemnity is afforded by the corporation shall be determined by the following formula:
| dv | x | loss | | – | deductible | = | claim |
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where
"dv" means the declared value of the vehicle and its equipment;
"acv" means the actual cash value of the vehicle and its equipment;
"loss" means
(a) where the vehicle is repairable, the cost of repairing the vehicle and its equipment, or
(b) where the vehicle is not repairable, the actual cash value of the vehicle and its equipment;
"deductible" means the deductible amount applicable to the type of own damage coverage provided for the loss or damage;
"claim" means the amount payable by the corporation to the insured for the corporation's portion of the total value of the loss or damage to the vehicle and its equipment.
(5) Subsection (3) does not apply where
(a) the actual cash value of a vehicle and its equipment is less than $10 000, unless the actual cash value of the vehicle and its equipment exceeds its declared value by at least $1 000,
(b) the corporation accepts an application for own damage coverage after inspecting the vehicle, or
(c) a vehicle is rated in rate class 701 or 705.
[am. B.C. Regs. 335/84, s. 28; 257/86, s. 26; 448/90, s. 20; 324/91, s. 28; 380/2000, s. 8.]
120 (1) An applicant who applies for own damage coverage for a motor vehicle described as a motor home in an owner's certificate shall, for the purpose of determining the premium payable for the motor home, declare the value of the motor home and its equipment.
(2) Repealed. [B.C. Reg. 257/86, s. 27.]
(3) The liability of the corporation in respect of loss or damage to a motor vehicle constructed as a motor home but not described as a motor home in the owner's certificate issued for the motor vehicle is limited to the actual cash value of the motor vehicle and the equipment referred to in section 122 (1).
[am. B.C. Reg. 257/86, s. 27.]
120.01 (1) In this section
"contents of the motor home" means unattached personal property only while contained in an insured motor home but does not include any of the following:
(a) motorized vehicles, bicycles or watercraft, or the furnishings, equipment or belongings of any of them;
(b) money, bullion, securities, manuscripts, jewelry, precious and semi-precious stones, watches, furs, articles of clothing, stamps and philatelic property, collections of coins or paper currency, books of account, evidence of title or debt, bills or other documents;
(c) property pertaining to a business, profession or occupation;
(d) property illegally acquired, kept, stored or transported;
(e) equipment specified in column 3 of the Table in Schedule 3.1, or any other sound and communication equipment, television set or video player, whether permanently attached to the motor home or not;
"replacement cost" means the cost, at the time of the loss or damage, to replace with like kind and quality, without deduction for depreciation.
(2) If an insured has purchased own damage coverage under this Division for a motor vehicle described in an owner's certificate as a motor home, the corporation will indemnify the insured to the extent of the insured's insurable interest, in an amount not exceeding $2,000, for the replacement cost of the contents of the motor home as a result of the direct and accidental loss or damage to the contents of the motor home caused by one of the perils for which own damage coverage is provided under the owner's certificate for the motor home.
(3) If the insured has a claim under this Division for both loss or damage to the motor home and its equipment and loss or damage to the contents of the motor home and that loss or damage results from the same occurrence, the deductible amount applicable to the type of own damage coverage shall only be applied once to the total value of the combined loss or damage to the motor home and its equipment and to the contents of the motor home.
[en. B.C. Reg. 491/95, s. 20.]
120.1 (1) In this section and section 122 "custom vehicle" means an ambulance, hearse, leisure van, limousine, modified commercial vehicle, modified motor vehicle, replicar, replikit, specialty vehicle or ubilt.
(2) An applicant who applies for own damage coverage for a vehicle identified by a vehicle identification code set out in Appendix 1 as a custom vehicle shall, for the purpose of determining the premium payable for the custom vehicle, declare the value of the custom vehicle and of its equipment.
(3) Repealed. [B.C. Reg. 257/86, s. 28.]
(4) The liability of the corporation in respect of loss or damage to a vehicle constructed as a custom vehicle but not identified by a vehicle identification code as a custom vehicle in the owner's certificate issued for the vehicle is limited to the actual cash value of the motor vehicle and the equipment referred to in section 122 (1).
[en. B.C. Reg. 335/84, s. 29; am. B.C. Regs. 379/85, s. 44; 257/86, s. 28; 449/88, s. 22; 383/89, s. 22; 324/91, s. 29; 380/2000, s. 9; 263/2001, s. 8.]
121 The corporation may settle claims arising from the operation of a leased vehicle directly with the owner and lessee of the vehicle, as their interests appear.
122 (1) Where the premium for a motor vehicle insured under this Division is determined by vehicle rate group, coverage is provided for loss or damage to the equipment specified in column 1 of the Table in Schedule 3.1, subject to any limit specified in that column on the number of items for which indemnity is payable and on the amount of indemnity.
(2) Where the premium for a vehicle insured under this Division, other than a motor home or a custom vehicle, is determined by the declared value of the vehicle, coverage is provided for loss or damage to the equipment specified in column 2 of the Table in Schedule 3.1, subject to any limit specified in that column on the number of items for which indemnity is payable and on the amount of indemnity and so long as the value of the equipment is included in the declared value of the vehicle.
(3) Subject to sections 120 (3) and 120.1 (4), where a motor home or custom vehicle is insured under this Division, coverage is provided for loss or damage to the equipment specified in column 3 of the Table in Schedule 3.1, subject to any limit specified in that column on the number of items for which indemnity is payable and on the amount of indemnity and so long as the value of the equipment is included in the declared value of the motor home or custom vehicle.
(4) Notwithstanding items 1, 3 (a), 4, 12 and 22 of the Table in Schedule 3.1, coverage is provided under subsections (1) to (3) for loss or damage to equipment that was attached to or installed in a vehicle and is temporarily removed from the vehicle.
(5) Notwithstanding subsections (1) to (4), the corporation is not liable to indemnify any person for theft of shuttle mounted sound and communication equipment unless damage is caused to the vehicle or the building from which the equipment is taken by forcible entry into that vehicle or building.
(6) This section applies to a claim made by an insured for loss or damage occurring on or after January 1, 1987 under a subsisting own damage coverage issued before, on or after that date, unless own damage coverage issued under this section as it was before that date or a special equipment endorsement issued before that date provides greater protection to the insured for the loss or damage than that provided under this section, in which case indemnity for loss or damage occurring before the expiry date of the coverage or endorsement shall be paid in accordance with this section as it was on the date the coverage was issued or with the terms of the endorsement.
[en. B.C. Reg. 257/86, s. 29; am. B.C. Reg. 491/95, s. 21.]
123 Where the premium for a motor vehicle is determined by vehicle rate group, the corporation may, on payment of the applicable premium, issue an excess special equipment endorsement in the form set out in Schedule 6 (APV-300) providing coverage for loss or damage to
(a) any sound and communication equipment referred to in item 4 of column 1 of the Table in Schedule 3.1 the aggregate value of which exceeds $1 000, and
(b) any custom paint finish and equipment referred to in item 22 of column 1 of the Table in Schedule 3.1 the aggregate value of which exceeds $5 000.
[en. B.C. Reg. 257/86, s. 31; am. B.C. Regs. 324/91, s. 30; 491/95, s. 22.]
123.1 (1) In this section, "motorcycle safety helmet" means a helmet that is, under regulations made under the Motor Vehicle Act, designated as an approved motorcycle safety helmet.
(2) If an insured has purchased collision coverage under this Division for a motor vehicle described in an owner's certificate as a motorcycle, the corporation will indemnify the insured for the replacement cost of not more than 2 motorcycle safety helmets, in an amount not exceeding $300 per helmet, if those helmets require replacement as a result of direct and accidental damage to the helmets caused by one of the perils for which collision coverage is provided under the owner's certificate for the motorcycle.
(3) The corporation is not liable to indemnify an insured under subsection (2) unless the insured, if requested to do so by the corporation, gives the damaged motorcycle safety helmet or helmets to the corporation.
(4) If the insured has a claim under collision coverage under this Division for both damage to the motorcycle and its equipment and damage to not more than 2 motorcycle safety helmets and that damage results from the same occurrence, the deductible amount applicable to the collision coverage must only be applied once to the total of
(a) the value of the damage to the motorcycle and its equipment, and
(b) the amount payable by the corporation under subsection (2) for the helmet or helmets.
[en. B.C. Reg. 441/98, s. 9.]
124 (1) In this section, "vehicle" does not include a taxi, a U-drive, a limousine use vehicle that is rated in vehicle rate class 695, or a limousine that is used for hire.
(2) Where loss or damage arises out of theft of an entire vehicle covered under this Division, the corporation shall, subject to subsection (3) and section 132 (2) (c), reimburse the insured for the expense incurred in renting a substitute vehicle, hiring a taxi or using public transportation.
(3) Reimbursement under this section
(a) is limited to expenses incurred during the period commencing 72 hours after the theft is reported to the police and terminating on the earlier of
(i) the date on which repairs to the insured vehicle are completed, or
(ii) the date on which the corporation settles or offers to settle the claim in respect of the vehicle,
(b) shall not exceed the limits set out in section 10 of Schedule 3, and
(c) is available only after the total limits of loss of use coverage to which the insured may be entitled under section 125 and either section 146.4 or 146.11 have been exhausted.
[am. B.C. Regs. 259/2001, s. 4; 298/2002, s. 6.]
125 (1) On payment of the applicable premium, the corporation may, subject to section 7 (2) of the Act, provide loss of use coverage for a motor vehicle except in respect of a motor vehicle that is a taxi, a U-drive, a limousine use vehicle that is rated in vehicle rate class 695, or a limousine that is used for hire.
(2) Subject to subsections (2.1) and (3), the corporation shall reimburse an insured for loss of use of the motor vehicle described in an owner’s certificate that arises from loss or damage for which coverage under this Division is provided by the owner’s certificate.
(2.1) Except in the case of the theft of an entire motor vehicle, subsection (2) applies only if the corporation has paid for a claim for loss or damage for which coverage under this Division is provided by the owner’s certificate with respect to the motor vehicle.
(3) Reimbursement under subsection (2) shall,
(a) subject to subsection (4), cover the expense incurred by the insured in hiring taxis, using public transportation or renting a substitute motor vehicle of a make and model specified by the corporation that, for the purpose of providing the insured with alternate transportation, is a similar size to the described motor vehicle,
(b) not exceed a limit per day of $100 and a total limit of $2 000 if the described motor vehicle is rated in vehicle rate class 001, 002, 003, 004, 005, 007, 011, 012, 014, 015, 021, 022, 023, 024 or 027, and otherwise shall not exceed the limit per day and total limit purchased by the insured and set out in the owner’s certificate, and
(c) terminate on the earlier of
(i) the date on which repairs to the described motor vehicle arising from the loss or damage are substantially completed, and
(ii) the date on which the corporation settles or offers to settle the claim for the loss or damage to the described motor vehicle
and is available only after the total limits of loss of use coverage to which the insured may be entitled under section 146.4 or 146.11 have been exhausted.
(4) Where an insured rents a substitute motor vehicle, the corporation shall not reimburse the insured for
(a) more than the amount an established rental service would charge the insured for renting a similar motor vehicle for the same period, or
(b) the cost of fuel, maintenance or insurance for the substitute motor vehicle.
(5) Subject to subsection (3), reimbursement provided by loss of use coverage is primary coverage and any reimbursement to which the insured may be entitled under section 124 is excess to the coverage provided under this section.
(6) Repealed. [B.C. Reg. 259/2001, s. 5 (b).]
(7) Repealed. [B.C. Reg. 449/88, s. 23.]
(8) A deductible amount is not applicable to a claim under this section.
[am. B.C. Regs. 449/88, s. 23; 448/90, s. 21; 324/91, s. 31; 259/2001, s. 5; 298/2002, s. 7; 310/2002, s. 1; 452/2003, s. 4.]
126 Repealed. [B.C. Reg. 324/91, s. 32.]
127 (1) In this section:
"insured" has the same meaning as in section 65 (1);
"temporary substitute motor vehicle" means
(a) a commercial motor vehicle having a gross vehicle weight of not more than 5 000 kg, or
(b) a private passenger motor vehicle
temporarily used as a substitute for a motor vehicle described in an owner's certificate that is broken down, is being repaired or serviced, is lost or destroyed or has been sold, but does not include a motor vehicle owned by or leased to an insured except, in the case of a leased motor vehicle, it may include a motor vehicle owned by a lessor.
(2) Subject to subsection (3), the corporation shall indemnify an insured for liability imposed by law, or assumed under a contract or other agreement, for direct and accidental loss or damage to a temporary substitute motor vehicle arising from the care, custody or control of the motor vehicle by the insured.
(3) Indemnity payable under this section is subject to the deductible amount and the terms and conditions of the owner's certificate issued in respect of the motor vehicle for which the temporary substitute motor vehicle is substituted, but nothing in this subsection removes the right of the owner of the temporary substitute motor vehicle, who has not breached a term or condition of the plan, to indemnity under this section.
(4) to (5) Repealed. [B.C. Reg. 408/87, s. 30.]
[am. B.C. Regs. 408/87, s. 30; 449/88, s. 24; 383/89, s. 23; 448/90, s. 22.]
128 (1) Subject to subsection (2), where loss or damage occurs to a vehicle, a vehicle's equipment or the contents of a motor home while the vehicle or motor home is, with the consent of the owner, in the care, custody or control of any person, the corporation waives its right to recover from that person any amount paid under this Division unless the person
(a) breaches a condition of section 55 while having care, custody or control of the vehicle,
(a.1) without reasonable cause and to the prejudice of the corporation, fails to comply with section 67 or 68 of the Motor Vehicle Act, or with a provision of the law of another jurisdiction in Canada or the United States of America that is similar to either section,
(a.2) wilfully makes a false statement with respect to loss or damage to the vehicle,
(b) has care, custody or control of the vehicle while engaged in the business of a garage service operator, or
(c) has care, custody or control of the vehicle under a bill of lading.
(2) That part of the amount paid under this Division that is recoverable by the corporation from a person who had care, custody or control of a vehicle under a bill of lading shall not exceed the amount by which the liability of that person is limited under the bill of lading.
[en. B.C. Reg. 379/85, s. 46; am. B.C. Regs. 257/86, s. 31; 491/95, s. 23.]
129 (1) Where
(a) own damage coverage obtained by the owner of a vehicle in accordance with the terms and in the amount set out in a written agreement between the owner and a lienholder is, without the consent of the lienholder, cancelled in whole or in part during the term of the agreement, and
(b) a total or constructive total loss occurs for which the owner and the lienholder or either would have been entitled to payment under this Division had the coverage not been cancelled,
the lienholder shall, notwithstanding the cancellation, continue to be covered with respect to the vehicle to the extent of the own damage coverage obtained by the owner.
(2) Subsection (1) does not apply in respect of a loss occurring after the date on which the own damage coverage would have expired had it not been cancelled.
(3) The corporation shall not make a payment to a lienholder under this section unless the lienholder satisfies the corporation that
(a) the owner of the vehicle, or other person responsible for payment, has defaulted in paying money still owing under the agreement, and
(b) the lienholder has taken all reasonable steps to collect the money owing and has failed to collect it.
(4) Where the amount payable to a lienholder by the corporation under this section equals the amount owing to the lienholder under the agreement, not including interest or other credit charges for future periods, the corporation may, before making payment, require the lienholder to enforce his lien, obtain title to the vehicle and transfer title to the corporation.
(5) The corporation may deduct from a payment to a lienholder under this section an amount equal to the premium that would have been payable for the own damage coverage for the period between the date of cancellation and the date of the loss had the coverage not been cancelled.
130 (1) Where insurance money is payable in respect of total or constructive total loss of a vehicle covered under this Division, the corporation shall make a search at the Office of the Registrar General and may pay the money jointly to the owner and any one or more lienholders shown by that search as having a charge registered against the vehicle, or to the owner and those lienholders as their respective interests appear.
(2) Where insurance money is payable in respect of repairable damage to a vehicle insured under this Division, the corporation may, whether or not a charge is registered against the vehicle at the Office of the Registrar General, pay all or part of the money
(a) on behalf of the owner, to the garage that repairs the vehicle,
(b) to the owner of the vehicle, or
(c) jointly to the garage that repairs the vehicle and to the owner of the vehicle.
131 (1) The liability of the corporation to a lienholder under this Division for indemnity for loss or damage to a vehicle is limited to the amount by which
(a) the declared value of the vehicle,
(b) the actual cash value of the vehicle, or
(c) the value of the interest of the lienholder in the vehicle immediately before the loss or damage occurred,
whichever is least, exceeds the applicable deductible amount.
(2) The corporation is not liable to a lienholder under this Division if the insured has breached a condition of section 55 in respect of the vehicle.
(3) A lienholder claiming under this Division cannot recover an amount greater than that to which the insured is entitled.
[am. B.C. Regs. 408/87, s. 31; 383/89, s. 24.]
132 (1) The corporation is not liable to indemnify any person under comprehensive or collision coverage for loss or damage
(a) to tires,
(b) consisting of, or caused by, mechanical fracture, failure or breakdown of any part of a motor vehicle, or
(c) caused by
(i) explosion within the combustion chamber,
(ii) rust,
(iii) corrosion,
(iv) freezing, or
(v) wear and tear,
unless the loss or damage is coincidental with other loss or damage for which indemnity is provided under comprehensive or collision coverage or is caused by fire, theft or malicious mischief.
(2) The corporation is not liable to indemnify any person under this Division for loss or damage
(a) caused by conversion, theft or concealment of a vehicle by a person in lawful possession of the vehicle under a lease, rental agreement or similar written agreement,
(b) caused by a voluntary surrender of title to a vehicle, whether or not the surrender of title is induced by fraud,
(c) covered by comprehensive or specified perils coverage and arising out of theft of a vehicle by a person who resides with the insured or is an employee of the insured,
(d) to any contents of trailers, campers, motor homes or motor vehicles, except as provided in section 120, 120.01 or 122, or
(e) to a motor vehicle licensed and insured as a trailer unless, when the loss or damage occurs, the vehicle is being operated as a trailer.
(f) Repealed. [B.C. Reg. 449/88, s. 25.]
[am. B.C. Regs. 335/84, s. 33; 449/88, s. 25; 383/89, s. 25; 324/91, s. 33; 491/95, s. 24.]
133 Repealed. [B.C. Reg. 379/85, s. 47.]
134 (1) The corporation is not liable under this Division to an owner who, to the prejudice of the corporation,
(a) on the occurrence of loss or damage fails to
(i) promptly notify the corporation of the loss or damage, and
(ii) file a written statement with the corporation setting out all available information on the manner in which the loss or damage occurred, or
(b) fails to file a proof of loss within 90 days after the occurrence of loss or damage.
(2) The corporation may require that a proof of loss be sworn by the person filing it.
135 Each occurrence causing loss or damage for which coverage is provided under this Division gives rise to a separate claim.
136 The corporation is not liable under this Division
(a) to an owner of a vehicle in respect of loss or damage arising out of theft of the vehicle or part of the vehicle, or theft of the contents of a motor home, if the owner, without reasonable cause and to the prejudice of the corporation, has not,
(i) within 48 hours after the discovery of the theft, loss or damage, made to police a report of the circumstances in which the theft, loss or damage occurred,
(ii) obtained a police case file number for the report, and
(iii) within 7 days after making the report to police, advised the corporation of the circumstances in which the theft, loss or damage occurred and of the police case file number, and
(b) to an insured who, without reasonable cause and to the prejudice of the corporation, fails to comply with section 67 or 68 of the Motor Vehicle Act or with a provision of the law of another jurisdiction in Canada or the United States of America that is similar to either section.
[am. B.C. Regs. 379/85, s. 48; 257/86, s. 32; 491/95, s. 25.]
137 (1) The corporation may, on the occurrence of loss or damage for which coverage is provided under this Division, require the insured to file with the corporation, within 90 days after the loss or damage occurs, a statutory declaration in a form prescribed by the corporation.
(2) An insured who has filed a statutory declaration shall
(a) on request of the corporation, submit to examination under oath,
(b) produce for examination, at a reasonable time and place designated by the corporation, all documents in the insured's possession or control relating to the loss or damage, and
(c) permit copies of the documents to be made by the corporation.
138 (1) Where an owner fails to
(a) notify the corporation of loss or damage to a vehicle or file a written statement or proof of loss under section 134, or
(b) file a statutory declaration required under section 137,
a lienholder having an interest in the vehicle may notify the corporation or file the written statement, proof of loss or statutory declaration, if the interest of the lienholder is confirmed by attached documentation.
(2) On receipt of the documents described in subsection (1), the corporation may, subject to section 131, pay insurance money solely to the lienholder.
(3) A lienholder making a claim under this section shall comply with all the terms and conditions of this Division and the corporation is not liable to a lienholder who fails to so comply.
[am. B.C. Reg. 408/87, s. 32.]
139 (1) Where loss or damage occurs to a vehicle insured under this Division, the owner of the vehicle
(a) shall, at the expense of the corporation, protect the vehicle as far as possible from further loss or damage, and
(b) until the corporation has had a reasonable opportunity to inspect the vehicle, shall not, without the consent of a claims officer of the corporation, remove any physical evidence of the loss or damage to the vehicle or make any repairs to the vehicle, other than repairs that are immediately necessary to protect the vehicle from further loss or damage.
(2) The corporation is not liable
(a) for loss or damage resulting from the failure of an owner to comply with subsection (1) (a), or
(b) to an owner who, to the prejudice of the corporation, contravenes subsection (1) (b).
140 The corporation is not liable to an owner of a vehicle insured under this Division in respect of temporary repairs made in order to move the vehicle, under its own power, to a place where repairs are to be completed, if the owner of the vehicle has, without reasonable cause and to the prejudice of the corporation, failed to obtain the consent of a claims officer of the corporation to the temporary repairs.
141 An insured who is in the business of a garage service operator shall, on request of the corporation, repair or replace a vehicle for which he makes a claim under this Division, and any amount payable to the insured in respect of the vehicle shall not exceed the actual cost to the insured of repairing or replacing the vehicle.
142 (1) In this section and in sections 142.1 and 142.2, "coverage dispute" means, in relation to a vehicle insured under this Division, a dispute between the owner and the corporation as to
(a) the nature and extent of required repairs or replacement, or
(b) the amount payable in respect of direct loss of or damage to the vehicle,
but without limiting this, does not include a dispute between the owner and the corporation as to the rights or liability of the corporation under, or any decision made by the corporation under, section 117 (1) (a), (2), (3) or (4).
(2) Subject to subsection (3), a coverage dispute, unless resolved voluntarily by the parties to it, must be settled in one of the following manners:
(a) the dispute must be resolved by arbitration under section 142.2 if
(i) the corporation and the owner agree to arbitration, or
(ii) section 142.1 (5) applies;
(b) the dispute must be submitted for evaluation under section 142.1 if
(i) paragraph (a) does not apply, and
(ii) the corporation or the owner requests evaluation by giving notice to the other.
(3) A coverage dispute must not be submitted for evaluation or arbitration more than 2 years after the occurrence of the loss or damage.
(4) Any notice required or permitted to be given under this section or section 142.1 or 142.2
(a) must be in writing,
(b) must be sent by registered mail addressed,
(i) if sent to the owner, to his or her last address according to the corporation's records, and
(ii) if sent to the corporation, to the claim office dealing with the owner's claim under this Division, and
(c) is deemed to have been given on the fifth day after mailing.
[en. B.C. Reg. 470/99, s. 1.]
142.1 (1) If a coverage dispute is, under section 142 (2) (b), required to be submitted for evaluation, each of the corporation and the owner must, within 21 calendar days after notice is given under section 142,
(a) appoint an evaluator to act on that party's behalf, and
(b) give notice to the other party of the name, address and telephone number of that evaluator.
(2) The following persons are not eligible to be appointed as evaluators under this section:
(a) the owner;
(b) a repairer of the owner's vehicle;
(c) an employee, director or officer of
(i) the owner,
(ii) the corporation, or
(iii) a repairer of the owner's vehicle;
(d) a member of the owner's family, whether or not the member lives in the same household as the owner, including a member by common law, adoptive or step relationship, who is the owner's
(i) spouse, or
(ii) brother, sister, parent, child or grandchild, or a spouse of any of them;
(e) a member of the owner's household.
(3) If each of the owner and the corporation appoint an evaluator in accordance with subsections (1) and (2), the 2 evaluators must,
(a) within 7 calendar days after both the owner and the corporation have been given notice under subsection (1), meet or communicate with each other,
(b) within 21 calendar days after both the owner and the corporation have been given notice under subsection (1), exchange written reports in the form specified by the corporation, and
(c) within 45 calendar days after both the owner and the corporation have been given notice under subsection (1),
(i) attempt to agree on an award, and
(ii) prepare and sign whichever of the following documents applies and send that document by registered mail to each of the owner and the corporation:
(A) the award, in the form specified by the corporation;
(B) notification that the evaluators were unable to agree on an award.
(4) If only one evaluator provides the written report required by subsection (3) (b) within the time period set out in that subsection, that evaluator must conduct the evaluation in accordance with subsection (7).
(5) If neither evaluator provides the written report required by subsection (3) (b) within the time period set out in that subsection, or if the 2 evaluators cannot agree on an award within the time period set out in subsection (3) (c), neither the owner nor the corporation may submit the same dispute to a further evaluation, but, subject to section 142 (3), either may submit the dispute to arbitration under section 142.2.
(6) If the owner or the corporation refuses or neglects to comply with subsection (1), the evaluation must be conducted in accordance with subsection (7) by the evaluator appointed by the other party.
(7) If subsection (4) or (6) applies, the evaluator who is conducting the evaluation must
(a) within 7 calendar days after subsection (4) or (6) become applicable, serve notice on the party who did not appoint that evaluator to the effect that that evaluator intends to conduct the evaluation under this subsection,
(b) within 7 calendar days after service of the notice under paragraph (a), meet or communicate with both the owner and the corporation, and
(c) within 45 calendar days after complying with paragraphs (a) and (b),
(i) make an award in writing, in the form specified by the corporation, and
(ii) sign and deliver that award to the owner and the corporation by registered mail.
(8) The owner and the corporation must pay the evaluators appointed under this section as follows:
(a) if only one evaluator is appointed, the owner and the corporation must share the cost of that evaluator equally;
(b) if 2 evaluators are appointed, and both of them or neither of them provide the written report required by subsection (3) (b) within the period set out in that subsection, the owner and the corporation must pay the evaluator appointed by that party;
(c) if 2 evaluators are appointed, and only one of them provides the written report required by subsection (3) (b) within the period set out in that subsection, the owner and the corporation must share the cost of that evaluator equally, and the party who appointed the other evaluator must pay the other evaluator.
[en. B.C. Reg. 470/99, s. 1.]
142.2 (1) If a coverage dispute is, under section 142 (2) (a), required to be submitted to arbitration, the owner or the corporation may refer the matters in dispute to arbitration in accordance with the Commercial Arbitration Act.
(2) If the owner and the corporation are unable to agree on the appointment of an arbitrator, the owner or the corporation may apply to the British Columbia Arbitration and Mediation Institute to appoint an arbitrator.
(3) An arbitrator appointed under subsection (1) or (2) must
(a) within 7 calendar days after his or her appointment, serve notice of that appointment on the owner and the corporation, and
(b) promptly after his or her appointment,
(i) meet or communicate with
(A) the owner and the corporation,
(B) the evaluators, or
(C) all of the above,
(ii) gather relevant information,
(iii) set a schedule for submission of documents,
(iv) set a date on which an award will be made, and
(v) deliver the written award with full reasons and documentation by registered mail to the owner and the corporation.
(4) The owner and the corporation must share equally any costs incidental to the arbitration, including the costs of the arbitrator.
[en. B.C. Reg. 470/99, s. 1.]
143 (1) Where the corporation replaces a vehicle or pays to an insured the declared value or actual cash value of a vehicle or its equipment or both, less any applicable deductible amount in accordance with section 117,
(a) the corporation is entitled, at its option, to the salvage in the vehicle or its equipment or both, and
(b) the insured shall, on request of the corporation, execute any documents necessary to transfer to the corporation title to the vehicle or its equipment or both.
(2) Where an insured is a co-insurer under this Division of any loss or damage to a vehicle or its equipment or both,
(a) the corporation shall have conduct of the sale or other disposition of the salvage in the vehicle or its equipment or both, and
(b) the insured may, at his option, share in the proceeds of the sale or other disposition of the salvage in the vehicle or its equipment or both in the same proportion as he is a co-insurer of the loss or damage.
(3) An insured shall not leave a vehicle or its equipment or both with the corporation without its consent, refuse to take delivery of the insured’s vehicle or its equipment or both from the corporation or otherwise abandon a vehicle or its equipment or both to the corporation without its consent.
[am. B.C. Reg. 263/2001, s. 9.]
144 Any insurance money payable by the corporation under this Division shall be paid,
(a) where the corporation waives a statutory declaration, within 30 days after the declaration is waived,
(b) where an award is made under section 62, within 15 days after the award is made, and
(c) in any other case, within 60 days after the corporation receives a proof of loss or statutory declaration from the insured.
145 No person shall commence an action against the corporation in respect of loss or damage for which coverage is provided under this Division after the expiration of 2 years from the occurrence of the loss or damage.
146 Where an insured named in an owner's certificate is insured by one or more other insurers for loss or damage for which coverage is also provided under this Division,
(a) the insured shall, on the occurrence of the loss or damage, promptly disclose to the corporation details of the other insurance, and
(b) the corporation is liable for no more than,
(i) where the policy limit of each other insurer equals the amount by which the liability of the corporation is limited under section 117, that share of the loss or damage, up to the amount by which liability is limited under that section, that is proportionate to the total number of insurers providing coverage for the loss or damage, and
(ii) where the policy limit of one or more of the insurers differs from the amount by which the liability of the corporation is limited under section 117, that share of the loss or damage, up to the amount by which liability is limited under the coverage having the lowest limit, that is proportionate to the total number of insurers providing coverage for the loss or damage.
146.1 In this Division:
"applicant" means a person who applies for a new or renewal certificate and includes an assigned corporate driver;
"assigned corporate driver" means a person assigned by the owner or lessee named in an owner's certificate to be the principal driver of a vehicle described in the owner's certificate where
(a) the owner or lessee is not an individual, and
(b) the assigned vehicle is a taxable benefit to the assigned person under the Income Tax Act (Canada);
"RoadStar package" means coverage provided under
(a) loss of use coverage under section 125,
(b) special coverage under section 153 (1) (u) for a rental vehicle policy (APV-281),
(c) special coverage under section 153 (1) (w) for a vehicle travel protection policy (APV-314), and
(d) section 146.7.
[en. B.C. Reg. 404/94, s. 15; am. B.C. Regs. 491/95, s. 26; 246/98, s. 6.]
146.2 Subject to section 7 (2) of the Act, the corporation may, on application and payment of the applicable premium, provide to an applicant the RoadStar package for a motor vehicle if
(a) the motor vehicle described in the owner's certificate is
(i) a private passenger motor vehicle, a motor home, or a commercial motor vehicle with a gross vehicle weight of 5 000 kg or less, and
(ii) rated in vehicle rate class 001, 002, 003, 004, 005, 007, 011, 012, 014, 015, 021, 022, 023, 024, 027, 051 or 055, and
(b) one of the following applies:
(i) in the case of a new certificate, the motor vehicle for which application has been made is at level -9 or lower on the claim-rated scale and the principal operator has continuously held a valid driver's licence for more than 9 years immediately preceding the date of the application;
(ii) in the case of a renewal certificate, the motor vehicle for which application has been made for renewal is at level -9 or lower;
(iii) the motor vehicle is in a fleet with a discount of 40% or greater.
[en. B.C. Reg. 491/95, s. 27; am. B.C. Regs. 470/99, s. 2; 209/2000, s. 2; 292/2000, Sch. B, s. 15; 310/2002, s. 2.]
146.3 The indemnity provided under this Division applies only to a loss that occurs in Canada or the United States of America or on a vessel travelling between Canada and the United States of America.
[en. B.C. Reg. 404/94, s. 15.]
146.4 (1) Subject to subsections (2) to (5), loss of use coverage under this section applies only to the motor vehicle described in the owner's certificate and is in accordance with the coverage provided under section 125 (2) to (8).
(2) Reimbursement provided under this section is primary coverage and any reimbursement provided under section 124, 125 or 146.6 is excess to the coverage provided under this section.
(3) For the purposes of this section, the loss of use coverage under section 125 (3) (b) has a daily limit of $100 for all vehicles other than motor homes and shall not exceed a total limit of
(a) $1 000 in the case of a motor home, and
(b) $500 in all other cases.
(4) Sections 113, 142, 144 and 145 apply in respect of indemnity provided under this section.
(5) Coverage provided under this section does not apply in respect of a temporary substitute motor vehicle defined in section 127.
[en. B.C. Reg. 404/94, s. 15; am. B.C. Regs. 491/95, s. 28; 441/98, s. 10; 263/2001, s. 10.]
146.5 (1) Subject to subsections (2) to (8), the coverage provided under this section is in accordance with the coverage provided under a rental vehicle policy (APV-281) referred to in section 153 (1) (u).
(2) For the purposes of the coverage provided under this section, the named insured on the rental vehicle policy (APV-281) means
(a) the person named in the owner's certificate,
(b) an assigned corporate driver, or
(c) the spouse of a person described in paragraph (a) or (b), but, for the purpose of coverage provided by sections A, D and E of the rental vehicle policy (APV-281), only if the spouse is shown or included as a permitted driver on the contract for the rental or lease of the non-owned vehicle.
(3) The non-owned vehicle for which coverage applies under this section must be one which is
(a) a courtesy car, or
(b) rented from an established rental service under a written rental agreement for a period not exceeding 30 days.
(4) The non-owned vehicle referred to in subsection (3) (b) may be rented in the name of the named insured, but when the named insured is the employer of the assigned corporate driver, it must be rented for use by the assigned corporate driver or the spouse of the assigned corporate driver.
(5) Reimbursement under this section is primary coverage and reimbursement under section 127 is excess to the coverage provided under this section.
(6) Reimbursement under section E of the rental vehicle policy (APV-281) is excess to the coverage provided under section 146.6.
(7) Condition 4 of the special terms, conditions and limitations of Section D of the insuring agreements of the rental vehicle policy (APV-281) do not apply to this section.
(8) If coverage is provided to an insured under a rental vehicle policy (APV-281) by more than one RoadStar package, Roadside Plus package under Division 4 of Part 9, or rental vehicle policy (APV-281), the insured shall be reimbursed only under the package or policy which provides the insured with the higher or highest amount of reimbursement, and if the amounts are equal, the corporation may determine the package or policy that applies.
[en. B.C. Reg. 404/94, s. 15; am. B.C. Regs. 491/95, s. 29; 263/2001, s. 11.]
146.6 (1) Subject to subsections (2) to (7), the coverage provided under this section is in accordance with the vehicle travel protection policy (APV-314) referred to in section 153 (1) (w) except that in the case of a motor home the limits under sections A, C and E of the vehicle travel protection policy shall be as follows:
(a) Section A (Additional Living Expenses Option), $2 000 maximum per occurrence;
(b) Section C (Towing Expenses), $250 maximum per occurrence;
(c) Section E (Expenses to Return the Described Vehicle to Address shown), $1 000 maximum per occurrence.
(2) For the purposes of the coverage provided under this section, "insured", "additional insured", "described vehicle" and "home", when used or defined in the vehicle travel protection policy (APV-314), have the following meanings:
"additional insured" means every person travelling with the insured;
"described vehicle" means the vehicle described on the owner's certificate or any other private passenger motor vehicle, commercial motor vehicle with a gross vehicle weight of 5 000 kg or less, motor home or motorcycle, whether owned, rented or borrowed by the insured;
"home" means
(a) the address of the insured as shown on the owner's certificate where the insured is an individual, or
(b) the address of the assigned corporate driver where the insured named in the owner's certificate is other than an individual;
"insured" means
(a) the person named in the owner's certificate,
(b) an assigned corporate driver, or
(c) the spouse of a person described in paragraph (a) or (b).
(3) The indemnity provided under this section applies only to journeys not exceeding 30 days.
(4) Items 1, 4, 14 and 18 (ii) of the general terms, conditions and limitations of the vehicle travel protection policy (APV-314) do not apply to this section.
(5) The indemnity provided under section B of the vehicle travel protection policy (APV-314) does not apply to the vehicle described on the owner's certificate or to any other vehicle owned by or leased to the insured.
(6) Reimbursement provided under this section is excess to the coverage provided under section 146.4 but is primary to any coverage provided under section 124 or 125.
(7) If coverage is provided to an insured or an additional insured under a vehicle travel protection policy (APV-314) by more than one RoadStar package, Roadside Plus package under Division 4 of this Part or vehicle travel protection policy (APV-314), the insured or the additional insured shall be reimbursed only under the package or policy which provides the insured or the additional insured with the higher or highest amount of reimbursement, and, if the amounts are equal, the corporation may determine the package or policy that applies.
[en. B.C. Reg. 404/94, s. 15; am. B.C. Regs. 491/95, s. 30; 263/2001, s. 12.]
146.7 (1) Subject to subsections (2) to (4), the corporation will provide coverage for the motor vehicle described in the owner's certificate to reimburse
(a) the cost to replace the keys or a remote keyless entry transmitter that has been stolen, and
(b) the cost to re-key or re-code motor vehicle locks where the keys or a remote keyless entry transmitter has been stolen.
(2) The coverage under subsection (1) is conditional on the following:
(a) the applicant has purchased from the corporation, in respect of the motor vehicle referred to in subsection (1),
(i) the RoadStar package, and
(ii) comprehensive coverage or specified perils coverage;
(b) the applicant has, within 48 hours after discovery of the theft referred to in subsection (1), reported the theft to the police;
(c) the applicant advises the corporation of the police case file number.
(3) The liability of the corporation for payment of a claim under this section is limited to the lesser of
(a) $500, and
(b) the amount by which the costs described under subsection (1) exceed the deductible amount set out in the owner's certificate for comprehensive coverage or specified perils coverage in respect of the motor vehicle referred to in subsection (1).
(4) Coverage provided under this section does not apply in respect of a temporary substitute motor vehicle defined in section 127.
[en. B.C. Reg. 491/95, s. 31; am. B.C. Regs. 347/96, s. 6; 441/98, s. 11; 263/2001, s. 13.]
Division 4 — Roadside Plus Package
146.8 In this Division:
"applicant" means a person who applies for a new or renewal certificate and includes an assigned corporate driver;
"assigned corporate driver" means a person assigned by the owner or lessee named in an owner's certificate to be the principal driver of a vehicle described in the owner's certificate where
(a) the owner or lessee is not an individual, and
(b) the assigned vehicle is a taxable benefit to the assigned person under the Income Tax Act (Canada);
"Roadside Plus package" means coverage provided under
(a) loss of use coverage under section 125,
(b) special coverage under section 153 (1) (u) for a rental vehicle policy (APV-281),
(c) special coverage under section 153 (1) (w) for a vehicle travel protection policy (APV-314), and
(d) sections 146.14, 146.15, 146.16, 146.17 and 146.18.
[en. B.C. Reg. 263/2001, s. 14.]
146.9 Subject to section 7 (2) of the Act, the corporation may, on application and payment of the applicable premium, provide to an applicant the Roadside Plus package for a motor vehicle described in an owner's certificate if the motor vehicle is
(a) a private passenger motor vehicle, a motor home, or a commercial motor vehicle with a gross vehicle weight of 5 000 kg or less,
(b) rated in vehicle rate class 001, 002, 003, 004, 005, 007, 011, 012, 014, 015, 021, 022, 023, 024, 027, 051 or 055, and
(c) insured under Part 9, Division 2, for collision coverage with a deductible not exceeding $500.
[en. B.C. Reg. 263/2001, s. 14; am. B.C. Reg. 310/2002, s. 3.]
146.10 The indemnity provided under this Division applies only to a loss that occurs in Canada or the United States of America or on a vessel travelling between Canada and the United States of America.
[en. B.C. Reg. 263/2001, s. 14.]
146.11 (1) Subject to subsections (2) to (5), loss of use coverage under this section applies only to the motor vehicle described in the owner's certificate and is in accordance with the coverage provided under section 125 (2) to (8).
(2) Reimbursement provided under this section is excess to the coverage provided under section 146.17 but is primary to any coverage provided under section 124, 125 or 146.13.
(3) For the purposes of this section, the loss of use coverage under section 125 (3) (b) has a daily limit of $100 for all vehicles other than motor homes and shall not exceed a total limit of
(a) $1 000 in the case of a motor home, and
(b) $750 in all other cases.
(4) Sections 113, 142, 144 and 145 apply in respect of indemnity provided under this section.
(5) Coverage provided under this section does not apply in respect of a temporary substitute motor vehicle defined in section 127.
[en. B.C. Reg. 263/2001, s. 14.]
146.12 (1) Subject to subsections (2) to (8), the coverage provided under this section is in accordance with the coverage provided under a rental vehicle policy (APV-281) referred to in section 153 (1) (u) except that the limit of liability under Section A of the rental vehicle policy (third party legal liability) shall be $2 000 000.
(2) For the purposes of the coverage provided under this section, the named insured on the rental vehicle policy (APV-281) means
(a) the person named in the owner's certificate,
(b) an assigned corporate driver, or
(c) the spouse of a person described in paragraph (a) or (b) but, for the purpose of coverage provided by Sections A, D and E of the rental vehicle policy (APV-281), only if the spouse is shown or included as a permitted driver on the contract for the rental or lease of the non-owned vehicle.
(3) The non-owned vehicle for which coverage applies under this section must be one which is
(a) a courtesy car, or
(b) rented from an established rental service under a written rental agreement for a period not exceeding 30 days.
(4) The non-owned vehicle referred to in subsection (3) (b) may be rented in the name of the named insured, but when the named insured is the employer of the assigned corporate driver, it must be rented for use by the assigned corporate driver or the spouse of the assigned corporate driver.
(5) Reimbursement under this section is primary coverage and reimbursement under section 127 is excess to the coverage provided under this section.
(6) Reimbursement under section E of the rental vehicle policy (APV-281) is excess to the coverage provided under section 146.13.
(7) Condition 4 of the special terms, conditions and limitations of Section D of the insuring agreements of the rental vehicle policy (APV-281) does not apply to this section.
(8) If coverage is provided to an insured under a rental vehicle policy (APV-281) by more than one Roadside Plus package, RoadStar package under Division 3 of this Part or rental vehicle policy (APV-281), the insured shall be reimbursed only under the package or policy which provides the insured with the higher or highest amount of reimbursement, and, if the amounts are equal, the corporation may determine the package or policy that applies.
[en. B.C. Reg. 263/2001, s. 14.]
146.13 (1) Subject to subsections (2) to (7), the coverage provided under this section is in accordance with the vehicle travel protection policy (APV-314) referred to in section 153 (1) (w) except that the limits of coverage under the vehicle travel protection policy for the described vehicle shall be as follows:
(a) for all vehicles, other than motor homes,
(i) Section A (Additional Living Expenses Option), $1 000 maximum per occurrence if total number of insureds is 2 or less, or $2 000 maximum per occurrence if total number of insureds is 3 or more, and
(ii) Section D (Travel Expenses for Insured to Return to Address Shown), $3 000 maximum per occurrence if total number of insureds is 2 or less, or $6 000 maximum per occurrence if total number of insureds is 3 or more;
(b) for motor homes,
(i) Section A (Additional Living Expenses Option), $2 000 maximum per occurrence, regardless of the total number of insureds,
(ii) Section C (Towing Expenses), $250 maximum per occurrence,
(iii) Section D (Travel Expenses for Insured to Return to Address Shown), $3 000 maximum per occurrence if total number of insureds is 2 or less, or $6 000 maximum per occurrence if total number of insureds is 3 or more; and
(iv) Section E (Expenses to Return the Described Vehicle to Address Shown), $1 000 maximum per occurrence.
(2) For the purposes of the coverage provided under this section, "additional insured", "described vehicle", "home" and "insured", when used or defined in the vehicle travel protection policy (APV-314), have the following meanings:
"additional insured" means every person travelling with the insured;
"described vehicle" means the vehicle described on the owner's certificate or any other private passenger motor vehicle, commercial motor vehicle with a gross vehicle weight of 5 000 kg or less, motor home or motorcycle, whether owned, rented or borrowed by the insured;
"home" means
(a) the address of the insured as shown on the owner's certificate if the insured is an individual, or
(b) the address of the assigned corporate driver where the insured named in the owner's certificate is other than an individual;
"insured" means
(a) the person named in the owner's certificate,
(b) an assigned corporate driver, or
(c) the spouse of a person described in paragraph (a) or (b).
(3) The indemnity provided under this section applies only to journeys not exceeding 30 days.
(4) Items 1, 4, 14 and 18 (ii) of the general terms, conditions and limitations of the vehicle travel protection policy (APV-314) do not apply to this section.
(5) The indemnity provided under section B of the vehicle travel protection policy (APV-314) does not apply to the vehicle described on the owner's certificate or to any other vehicle owned by or leased to the insured.
(6) Reimbursement provided under this section is excess to the coverage provided under section 146.11 or 146.17 but is primary to any coverage provided under section 124 or 125.
(7) Where coverage is provided to an insured or an additional insured under a vehicle travel protection policy (APV-314) by more than one RoadStar package under Division 3 of this Part, Roadside Plus package or vehicle travel protection policy (APV-314), the insured or the additional insured shall be reimbursed only under the package or policy which provides the insured or the additional insured with the higher or highest amount of reimbursement, and, if the amounts are equal, the corporation may determine the package or policy that applies.
[en. B.C. Reg. 263/2001, s. 14.]
146.14 (1) Subject to subsections (2) to (10), the corporation will provide coverage for the loss of use of the motor vehicle to which the Roadside Plus package applies due to its disablement for any reason other than
(a) as a result of a peril for which coverage would be provided under collision or specified perils coverage, or
(b) loss or damage caused by missiles, falling or flying objects, malicious mischief, vandalism and impact with a domestic or wild animal, either living or dead,
and will reimburse
(c) the cost to provide emergency service to enable the motor vehicle to become operational,
(d) the cost to transport the motor vehicle to the appropriate repair facility if the vehicle cannot be made operational, and
(e) if costs are incurred under paragraph (d), the reasonable and necessary costs incurred in the commencement or completion of a journey.
(2) The coverage under subsection (1) is conditional on the following:
(a) the applicant has purchased from the corporation, in respect of the motor vehicle referred to in subsection (1), the Roadside Plus package, and
(b) the applicant has, within 6 months of the loss, presented to the corporation receipted bills for the services provided under subsection (1) together with acceptable evidence of the loss of use of the motor vehicle.
(3) The corporation may waive strict compliance with the terms of subsection (2) (b) if to do so does not prejudice the corporation.
(4) The liability of the corporation for payment of a claim under this section is limited to the lesser of the total costs described under subsection (1) or $50.
(5) The corporation will not be liable for payment under this section for more than 2 claims per policy term.
(6) Coverage provided under this section does not include the cost of parts or supplies, including gasoline, oil, batteries and tires.
(7) No deductible applies to claims payable under this section.
(8) Coverage provided under this section applies only in excess of any other valid and collectible emergency road service insurance or benefits available and any such insurance or benefit shall be primary to the coverage provided by this section.
(9) Coverage provided under this section does not apply for any claim for reimbursement, in full or part, of any deductible applied to a loss payable under any contract for collision, comprehensive or specified perils coverage provided by the corporation or any other insurer.
(10) Coverage provided under this section does not apply in respect of a temporary substitute motor vehicle defined in section 127.
[en. B.C. Reg. 263/2001, s. 14.]
146.15 (1) Subject to subsections (2) to (6), the corporation will provide coverage for the motor vehicle described in the owner's certificate to reimburse
(a) the cost to replace the keys or a remote keyless entry transmitter that has been stolen, and
(b) the cost to re-key or re-code motor vehicle locks if the keys or a remote keyless entry transmitter has been stolen.
(2) The coverage under subsection (1) is conditional on the following:
(a) the applicant has purchased from the corporation, in respect of the motor vehicle referred to in subsection (1),
(i) the Roadside Plus package, and
(ii) comprehensive coverage or specified perils coverage;
(b) the applicant has, within 48 hours after discovery of the theft referred to in subsection (1), reported the theft to the police;
(c) the applicant advises the corporation of the police case file number.
(3) The liability of the corporation for payment of a claim under this section is limited to the lesser of
(a) the total costs described in subsection (1), and
(b) $1 000.
(4) No deductible applies to claims payable under this section.
(5) Section 145 applies in respect of indemnity provided under this section.
(6) Coverage provided under this section does not apply in respect of a temporary substitute motor vehicle defined in section 127.
[en. B.C. Reg. 263/2001, s. 14.]
146.16 (1) In this section:
"family member" means a person who is a member of the insured's household or a member of the insured's immediate family;
"immediate family" includes a spouse, parent, natural or adopted child, step-child, legal guardian, step-parent, grandparent, grandchild, in-law, brother, sister, step-brother, step-sister, aunt, uncle, niece or nephew of the insured;
"insured" means a resident of British Columbia who is
(a) the person named in the owner's certificate,
(b) an assigned corporate driver, or
(c) a member of the household of a person described in paragraph (a) or (b);
"life threatening injury" means any injury arising from a motor vehicle accident requiring, within 24 hours of the accident, immediate and ongoing medical life support intervention in an intensive care unit of a hospital or registered medical care facility in order to keep the injured person alive.
(2) Subject to section 146.10 and subsections (3) to (9), the corporation will reimburse family members on an insured's behalf for
(a) reasonable and necessary travel expenses incurred for the one-time transportation of family members in order to attend at a hospital or registered medical care facility in Canada or the United States where the insured is being treated for a life threatening injury, including expenses to return home, and
(b) reasonable and necessary additional living expenses incurred for lodging, meals, telephone calls or transportation that are incurred in conjunction with the expenses described in paragraph (a).
(3) The corporation is not liable for reimbursement of expenses referred to in subsection (2) (a) if the transportation to attend at a hospital or registered medical care facility does not occur within 7 days following the date of the motor vehicle accident.
(4) The corporation may waive strict compliance with the terms of subsection (3) if to do so does not prejudice the corporation.
(5) The liability of the corporation for payment of all claims under subsection (2) (a) arising out of the same motor vehicle accident is limited to the lesser of
(a) the total costs of travel expenses described in subsection (2) (a), and
(b) $5 000.
(6) The liability of the corporation for payment of all claims under subsection (2) (b) arising out of the same motor vehicle accident is limited to the lesser of
(a) the total of the additional expenses described in subsection (2) (b), and
(b) $500.
(7) If more than one Roadside Plus package provides coverage to an insured, family members shall only be reimbursed under one such package with respect to a motor vehicle accident.
(8) Section 145 applies in respect of indemnity provided under this section.
(9) The corporation is not liable to reimburse family members on an insured's behalf under this section if
(a) the insured, at the time of the accident, is
(i) an occupant of or is struck by a vehicle that could not be licensed under the Motor Vehicle Act or Commercial Transport Act, or that is of such design that if owned or operated in the Province could not be licensed under one of those Acts,
(ii) an occupant of a vehicle exempted under section 43 or 44 of the Act, whether or not the vehicle is operated by a person named in a driver's certificate, or
(iii) an occupant of a vehicle that is of such design that it could be licensed under the Motor Vehicle Act, the Commercial Transport Act or similar legislation of another jurisdiction but that is in fact not licensed under the applicable legislation, unless the insured had reasonable grounds to believe that the vehicle was licensed,
(b) the insured attempts to commit suicide, whether he or she is sane or insane,
(c) the insured is an occupant of a vehicle that, at the time of the accident, is being used for an illicit or prohibited trade or transport, or
(d) the insured's life threatening injury is caused, directly or indirectly, by sickness or disease, unless the sickness or disease was contracted as a direct result of a motor vehicle accident for which reimbursement is provided under this section.
[en. B.C. Reg. 263/2001, s. 14.]
146.17 (1) Subject to subsections (2) to (7), the corporation will reimburse an applicant for reasonable and necessary costs incurred by
(a) the applicant,
(b) the occupants of the motor vehicle described in the owner's certificate to which the Roadside Plus package applies, and
(c) any person who would have been an occupant of the motor vehicle had the loss described in this subsection not occurred
for the commencement or completion of a journey where the motor vehicle is unavailable or inoperable due to a loss for which a claim is made under the collision, theft or vandalism coverage provided under the owner's certificate under Division 2 of this Part.
(2) The liability of the corporation for payment of all claims arising out of the same occurrence under this section is limited to the lesser of
(a) the total costs described in subsection (1), and
(b) $100.
(3) The corporation will only reimburse an applicant for expenses
(a) incurred within 12 hours of a collision loss or within 12 hours after the discovery of the theft or vandalism loss, and
(b) for which the applicant presents receipted bills to the corporation within 6 months of the loss.
(4) The coverage described under subsection (1) does not include coverage for expenses incurred for the rental of a substitute motor vehicle.
(5) The corporation may waive strict compliance with subsection (3) (b) if to do so does not prejudice the corporation.
(6) Reimbursement provided under this section is primary coverage and any reimbursement provided under section 124, 125, 146.11 or 146.13 is excess to the coverage provided under this section.
(7) Coverage provided under this section does not apply in respect of a temporary substitute motor vehicle defined in section 127.
[en. B.C. Reg. 263/2001, s. 14.]
146.18 (1) In the event of the total theft of the motor vehicle described in the owner's certificate to which the Roadside Plus package applies, the comprehensive or specified perils deductible applicable under section 117 (1) is waived.
(2) The waiver provided under this section does not apply in respect of a temporary substitute motor vehicle defined in section 127.
[en. B.C. Reg. 263/2001, s. 14.]
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