B.C. Reg. 447/83
O.C. 1897/83
Deposited December 1, 1983

Insurance (Vehicle) Act

Insurance (Vehicle) Regulation

Note: Check the Cumulative Regulation Bulletin 2014
for any non-consolidated amendments to this regulation that may be in effect.

[includes amendments up to B.C. Reg. 385/2012, March 18, 2013]

Point in Time

Part 6 — Third Party Liability Insurance Coverage

Interpretation

63  In this Part, "insured" means

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

(b) an individual who, with the consent of the owner or while a member of the owner's household, uses or operates the vehicle described in the owner's certificate,

(c) where the owner is deceased, the personal representative of the owner or a person having, with the consent of the personal representative, custody of the vehicle until the grant of letters probate or of administration to the personal representative, and

(d) where the owner is not an individual,

(i)   an officer, employee or partner of the owner for whose regular use the vehicle described in the owner's certificate is provided, or

(ii)   a member of the household of an officer, employee or partner of the owner, who, with the consent of the owner, uses or operates the vehicle described in the owner's certificate.

[am. B.C. Regs. 380/2000, s. 3; 166/2006, s. 51.]

Indemnity

64  Subject to section 67, the corporation shall indemnify an insured for liability imposed on the insured by law for injury or death of another or loss or damage to property of another that

(a) arises out of the use or operation by the insured of a vehicle described in an owner's certificate, and

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

[am. B.C. Reg. 328/97, s. 5.]

Repealed

64.1  Repealed. [B.C. Reg. 292/2000, Sch. A, s. 7.]

Extension of indemnity

65  (1) In this section, "insured" means

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

(b) a member of the owner's household,

(c) an employee or partner of the owner for whose regular use the vehicle described in the owner's certificate is provided, and

(d) the spouse of an employee or partner described in paragraph (c) where the spouse resides with the employee or partner.

(2) Subject to section 77, indemnity under this Part is extended to an insured operating a motor vehicle not described in an owner's certificate issued to the insured, unless

(a) the insured is operating the motor vehicle in connection with the business of a garage service operator,

(b) the motor vehicle is owned or regularly operated by an insured,

(c) the motor vehicle is used for carrying passengers for compensation or hire or for commercial use,

(d) the motor vehicle is in fact not licensed under the Motor Vehicle Act, the Commercial Transport Act or similar legislation of another jurisdiction and the insured does not have reasonable grounds to believe the motor vehicle is licensed,

(e) the motor vehicle is exempted under section 43 or 44 of the Act, or

(f) the insured is operating the vehicle without the consent of the owner and does not have reasonable grounds to believe that he has the consent of the owner.

(3) Where more than one owner's certificate evidences third party liability insurance coverage of an insured under this section, the insured shall be compensated only under the certificate that provides the higher or highest limit of third party liability insurance coverage, and, if the limits are equal, the corporation may determine the certificate that applies.

[am. B.C. Regs. 379/85, s. 28; 408/87, s. 20; 449/88, s. 11; 383/89, s. 11; 166/2006, s. 52.]

Extension of indemnity to passenger

66  Indemnity under this Part is extended to a passenger in a vehicle described in an owner's certificate who, by operating any part of the vehicle while the vehicle is being operated by an insured, causes

(a) injury or death to a person who is not an occupant of the vehicle, or

(b) loss or damage to property that is not carried in or on the vehicle or in the care, custody or control of the insured.

Limit of liability

67  (1) Subject to sections 18 (4) and 77 (1) of the Act, where an insured is liable for injury or death of another or loss or damage to property of another, the liability of the corporation to the insured for payment of indemnity under this Part in respect of all claims against the insured arising out of the same occurrence is limited to the applicable amount set out in section 1 of Schedule 3.

(2) Repealed. [B.C. Reg. 166/2006, s. 53.]

[am. B.C. Regs. 257/86, s. 19; 166/2006, s. 53.]

Priority of claims

68  (1) For the purpose of payment of indemnity under this Part, claims arising out of injury or death have priority over claims arising from loss or damage to property to the extent of 90% of the amount by which liability is limited under section 67 and, subject to section 77 (1) of the Act, claims arising out of loss or damage to property have priority over claims arising out of injury or death to the extent of 10% of the amount by which liability is limited under section 67.

(2) For the purpose of the payment of claims under section 20 or section 24 of the Act, claims arising out of injury or death have proportionately the same priority over claims arising from loss or damage to property as is provided in subsection (1).

[am. B.C. Reg. 166/2006, s. 54.]

Additional payments

69  In addition to the amount by which liability is limited under section 67, the corporation shall

(a) reimburse an insured for reasonable payments for emergency medical aid necessary to a person injured as the result of an accident for which indemnity is payable under this Part, if reimbursement is not provided to the insured under another Part or by another insurer,

(b) pay costs incurred for fire extinguishers, jacks or other necessary emergency equipment or supplies provided to the insured,

(c) pay that proportion of the costs taxed against an insured in an action respecting a claim under this Part that

(i)   the amount offered by the corporation as its total liability for indemnity to the insured under this Part in an offer to settle served in accordance with the Supreme Court Civil Rules

bears to

(ii)   the aggregate of all special and general damages awarded in respect of the occurrence for which the claim is made,

(d) pay

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

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

on that part of the judgment that is within the applicable limit set out in section 1 of Schedule 3, and

(e) if indemnity is provided to the insured under this Part and by one or more optional insurance contracts provided by an insurer other than the corporation, contribute to the payment of expenses, costs and reimbursements for which provision is made under section 172 in accordance with that other insurer's and the corporation's respective liabilities for

(i)   damages awarded against the insured, or

(ii)   the amount payable under a settlement made on behalf of the insured.

[am. B.C. Regs. 404/94, s. 11; 347/96, s. 3; 380/2000, s. 4; 166/2006, s. 55, as am. by 46/2007, Sch. 1, s. 6; 156/2010, s. (a).]

Combination of vehicles

70  (1) Where an accident involves a combination of vehicles,

(a) the corporation is not liable for more than the amount set out in the owner's certificate issued in respect of the motor vehicle providing the motive power when the accident occurs.

(b) Repealed. [B.C. Reg. 166/2006, s. 56 (b).]

(1.1) Notwithstanding subsection (1) (a), where

(a) the accident involving a combination of vehicles arises directly out of the use or operation of a trailer, and

(b) the amount by which the liability of the corporation is limited in the owner's certificate for the trailer exceeds the amount by which its liability is limited in the owner's certificate for the vehicle providing the motive power when the accident occurs,

the third party liability insurance coverage evidenced by the owner's certificate for the trailer is available to the person named in that certificate, but only

(c) to the extent of the amount by which the limit of liability under the owner's certificate for the trailer exceeds the limit of liability under the owner's certificate for the vehicle providing the motive power, and

(d) so long as the trailer is not

(i)   owned or rented as a leased vehicle by the person who also owns or rents as a leased vehicle the vehicle providing the motive power,

(ii)   owned or rented as a leased vehicle by a member of the same household as the person who owns or rents as a leased vehicle the vehicle providing the motive power, or

(iii)   part of the same fleet, or deemed to be part of the same fleet, as the vehicle providing the motive power.

(2) The corporation shall not indemnify the owner of a vehicle that is operated as part of a combination of vehicles for liability to the owner or driver of another vehicle in the combination of vehicles.

[am. B.C. Regs. 379/85, s. 29; 257/86, s. 20; 166/2006, s. 56; 341/2007, s. 9.]

Trailers

71  Where an owner's certificate is issued in conjunction with a trailer licence for a motor vehicle that is capable of being operated under its own power, the corporation is not liable to indemnify the owner under that certificate if the vehicle is operated otherwise than as a trailer.

Restrictions on indemnity — attached equipment

72  (1) In this section, "attached equipment" means machinery, apparatus or equipment that is

(a) mounted on or attached to a vehicle, and

(b) not required for the safe operation of the vehicle on a highway.

(2) The corporation shall not indemnify an insured for liability imposed by law for injury, death, loss or damage arising, directly or indirectly, out of the operation of attached equipment at a site where the attached equipment is being operated, unless the attached equipment

(a) is used for snow or ice removal from a highway or for sweeping, cleaning, sanding or grading streets,

(b) is a side or rear mounted power-operated platform,

(c) is attached to a vehicle used for pleasure purposes,

(d) is attached to a vehicle used as a wrecker, dump truck or fork-lift,

(d.1) is attached to a vehicle used as a garbage truck, but only if the injury, death, loss or damage did not arise, directly or indirectly, out of the operation of a crane attached to the vehicle,

(e) is attached to a vehicle used as a front-end loader or backhoe, or

(f) is attached to a vehicle used as a mower.

(3) Notwithstanding subsection (2) (e), the corporation shall not indemnify an insured for liability imposed by law for loss or damage to an underground installation or resulting from loss or damage to an underground installation if the loss or damage occurs during excavation.

[en. B.C. Reg. 438/92, s. 8; am. B.C. Regs. 379/93, s. 4; 298/2002, s. 3.]

Restrictions on indemnity

72.1  (1) The corporation shall not indemnify an insured under this Part in respect of

(a) a general or special assessment, penalty or premium payable under the Workers Compensation Act or a similar law of another jurisdiction, or

(b) loss or damage to property

(i)   carried in or on a vehicle described in an owner's certificate,

(ii)   owned or rented by an insured, or

(iii)   in the care, custody or control of an insured.

(2) Where a claim is payable or has been paid, forfeited or denied under Part 7, the corporation shall deduct the amount of the claim from any amount payable under this Part in respect of the same occurrence.

(3) and (4) Repealed. [B.C. Reg. 166/2006, s. 57.]

[en. B.C. Reg. 438/92, s. 8; am. B.C. Reg. 166/2006, s. 57.]

Duties of insured

73  (1) An insured shall

(a) promptly give the corporation written notice, with all available particulars, of

(i)   any accident involving death, injury, damage or loss in which he or a vehicle owned or operated by him has been involved,

(ii)   any claim made in respect of the accident, and

(iii)   any other insurance held by him providing coverage for the accident,

(b) on receipt of a claim, legal document or correspondence relating to a claim, immediately send the corporation a copy of the claim, document or correspondence,

(c) cooperate with the corporation in the investigation, settlement or defence of a claim or action,

(d) except at his own cost, assume no liability and settle no claim, and

(e) allow the corporation to inspect an insured vehicle or its equipment or both at any reasonable time.

(2) The corporation is not liable to an insured who, to the prejudice of the corporation, fails to comply with this section.

Duties of corporation

74  On receipt of notice of a claim for damages brought against an insured for which indemnity is provided under this Part and subject to an act or omission by the insured entitling the corporation to raise any question as to whether or not the insured is entitled to indemnity, the corporation, at its expense, shall

(a) assist the insured by investigating and negotiating a settlement, where in the corporation's opinion its assistance is necessary, and

(b) subject to an application and directions given by the court under section 79 of the Act, defend in the name of the insured any action for damages brought against the insured.

[am. B.C. Regs. 438/92, s. 9; 166/2006, s. 58.]

Rights of corporation

74.1  Subject to section 79 of the Act, on assuming the defence of an action for damages brought against an insured, the corporation shall have exclusive conduct and control of the defence of the action and, without limiting the generality of the foregoing, the corporation shall be entitled to

(a) appoint and instruct counsel to defend the action,

(b) admit liability, in whole or in part, on behalf of the insured,

(c) participate in any non-judicial process which has as its goal the resolution of a claim, and

(d) compromise or settle the action.

[en. B.C. Reg. 438/92, s. 10; am. B.C. Reg. 166/2006, s. 59.]

Appointment of attorney

75  Subject to section 79 of the Act, the corporation may act as and shall be deemed to be the duly appointed attorney of an insured to appear and defend the insured in an action brought against him in another province of Canada or in the United States of America in respect of injury, death, loss or damage arising out of the ownership, use or operation of a vehicle.

[am. B.C. Reg. 166/2006, s. 60.]

Limitation

76  No person shall commence an action to enforce a right under this Part, except within the limitation period fixed by the Limitation Act.

Other insurance

77  (1) Subject to section 150.1, if

(a) insurance coverage is provided under this Part or Division 1 of Part 10 and evidenced by an owner's certificate in respect of a vehicle involved in an accident, and

(b) insurance coverage is also provided under this Part or Division 1 of Part 10 and evidenced by a certificate in respect of a vehicle not involved in the accident,

the insurance coverage in respect of the vehicle involved in the accident is primary insurance and subject to subsection (2), the insurance coverage in respect of the vehicle not involved in the accident applies only to the extent that the amount by which liability is limited under that certificate exceeds the amount by which liability is limited under the owner's certificate in respect of the vehicle involved in the accident.

(2) Insurance coverage provided by a certificate issued in respect of a vehicle other than the vehicle involved in an accident does not apply if, when the accident occurs, the other vehicle

(a) is owned or rented as a leased vehicle by the person who also owns or rents as a leased vehicle the vehicle involved in the accident,

(a.1) is owned or rented as a leased vehicle by a member of the same household as the person who owns or rents as a leased vehicle the vehicle involved in the accident, or

(b) is part of the same fleet, or deemed to be part of the same fleet, as the vehicle involved in the accident.

(3) If an insured is also insured under vehicle insurance providing insurance of the kind referred to in the definition of "owner's policy" or "non-owner's policy" in section 57.1 of the Act, or providing similar insurance under similar legislation of another jurisdiction, the liability of the corporation to provide indemnity under this Part must be determined,

(a) if a claim is made in respect of an accident that occurs in the Province, as if section 179 applied in respect of coverage provided under this Part, and

(b) if a claim is made in respect of an accident that occurs in another jurisdiction, as if the provisions of the legislation of that jurisdiction respecting terms, conditions and priorities of vehicle insurance applied in respect of coverage provided under this Part.

[am. B.C. Regs. 383/89, s. 12; 324/91, s. 20; 166/2006, s. 61; 341/2007, s. 10.]

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