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 7 — Accident Benefits

Interpretation

78  In this Part:

"chiropractor" means a person entitled to practise chiropractic under the Health Professions Act or a similar law of another jurisdiction;

"dentist" means a person entitled to practise dentistry under the Health Professions Act or a similar law of another jurisdiction;

"employed person" means a person

(a) who, on the date of an accident for which a claim is made, is employed or actively engaged in an occupation for wages or profit, or

(b) who

(i)   Repealed. [B.C. Reg. 257/86, s. 21.]

(ii)   for any 6 months during the period of 12 months immediately preceding the date of an accident for which a claim is made is employed or actively engaged in an occupation for wages or profit;

"head of household" includes an insured whose only dependants at the date of an accident resulting in the death of the insured are his parents if, at the date of the accident, the dependent parents resided with the insured;

"homemaker" means the male or female member of a household who, without payment, does the majority of the housekeeping for the household;

"insured" means

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

(b) Repealed. [B.C. Reg. 257/86, s. 21.]

(c) a member of the household of a person named in an owner's certificate,

(c.1) an insured as defined in section 42 who is not in default of premium payable under section 45,

(c.2) a member of the household of an insured described in paragraph (c.1),

(d) an occupant of a vehicle that

(i)   is licensed in the Province and is not exempted under section 43 or 44 of the Act, or

(ii)   is not required to be licensed in the Province, but is operated by a person named in a driver's certificate,

(e) a cyclist or pedestrian who collides with a vehicle described in an owner's certificate, or

(f) a resident of the Province who is entitled to bring an action for injury or death under section 20 or 24 of the Act,

and includes the personal representative of a deceased insured;

"medical practitioner" means a person entitled to practise medicine under the Health Professions Act or a similar law of another jurisdiction;

"parent" means the person entitled to claim a child as a dependant under the Income Tax Act of the Province;

"physiotherapist" means a person entitled to practise physical therapy under the Health Professions Act or a similar law of another jurisdiction;

"rehabilitation" means the restoration, in the shortest practical time, of an injured person to the highest level of gainful employment or self sufficiency that, allowing for the permanent effects of his injuries, is, with medical and vocational assistance, reasonably achievable by him;

"rehabilitation team" means a team of individuals, including representation from the rehabilitation staff of the corporation, established

(a) to determine the appropriate group residence for an insured,

(b) to determine the care needs of an insured under section 88 (2) (c), and

(c) to evaluate any aspect of the funding, development of treatment, or rehabilitation plan for an insured.

[am. B.C. Regs. 335/84, s. 18; 257/86, s. 21; 408/87, s. 21; 383/89, s. 13; 379/93, s. 5; 491/95, s. 12; 246/98, s. 3; 166/2006, s. 62; 420/2008, App. s. 7; 421/2008, App. s. 8; 423/2008, App. s. 8.]

Coverage and benefits

79  (1) Subject to subsection (2) and sections 80 to 88, 90, 92, 100, 101 and 104, the corporation shall pay benefits to an insured in respect of death or injury caused by an accident that arises out of the use or operation of a vehicle and that occurs in Canada or the United States of America or on a vessel travelling between Canada and the United States of America.

(2) Where an accident occurs in the United States or on a vessel travelling between Canada and the United States, no benefits are payable under this Part to

(a) a cyclist, or

(b) a pedestrian

unless he is named in an owner's certificate or a driver's certificate or is a member of the household of a person named in a certificate.

[am. B.C. Regs. 335/84, s. 19; 379/85, s. 31; 257/86, s. 22; 328/97, s. 6.]

Disability benefits for employed persons

80  (1) Where, within 20 days after an accident for which benefits are provided under this Part, an injury sustained in the accident totally disables an insured who is an employed person from engaging in employment or an occupation for which the insured is reasonably suited by education, training or experience, the corporation shall, subject to section 85, pay to the insured for the duration of the total disability or 104 weeks, whichever is shorter, the lesser of the amounts determined under paragraphs (a) and (b):

(a) the applicable amount of disability benefits set out in section 2 of Schedule 3;

(b) in respect of an accident that occurred

(i)   before January 1, 1987, an amount per week calculated by taking 75% of the insured's gross earnings for the 12 month period immediately preceding the accident, dividing by 52 and multiplying that amount by the weekly benefit multiplier in Column B of Table 1 of Schedule 3 opposite the year of the accident in Column A,

(ii)   on or after January 1, 1987 but before January 1, 1991, an amount per week calculated by taking 75% of the insured's gross earnings for the 12 month period immediately preceding the accident, dividing by the number of weeks and fractions of weeks actually worked during that period and multiplying that amount by the weekly benefit multiplier in Column B of Table 1 of Schedule 3 opposite the year of the accident in Column A, or

(iii)   on or after January 1, 1991 an amount per week calculated by taking 75% of the insured's gross earnings for the 12 month period immediately preceding the accident and dividing by the number of weeks and fractions of weeks actually worked during that period.

(2) Where disability benefits are payable to an insured for a period of less than one week, the amount payable for each day shall be determined by dividing the amount payable weekly by the number of days the insured regularly works in a week.

[en. B.C. Reg. 438/92, s. 12.]

Deduction of other benefits

81  (1) In this section:

"other disability compensation" means compensation similar to benefits

(a) paid or payable under vehicle insurance, wherever issued and in effect,

(b) paid or payable under a policy of accident, sickness or life insurance purchased by a group or individual, or

(c) paid by an employer;

"weekly net lost earnings" means the amount by which the disability benefits payable to an insured as calculated under section 80 (1) (b) exceed the weekly gross total of payments to the insured of all other disability compensation.

(2) Where an employed person is injured in an accident for which disability benefits are payable under section 80 and some or all of the insured's lost earnings arising from the accident are payable as other disability compensation, the corporation shall not pay any disability benefits to the insured under that section unless the weekly gross total of other disability compensation payable to the insured is less than 75% of the weekly gross lost earnings of the insured, in which case the corporation shall pay to the insured the lesser of

(a) the amount of disability benefits payable under section 80, or

(b) the weekly net lost earnings of the insured.

[am. B.C. Regs. 448/90, s. 13; 491/95, s. 13; 166/2006, s. 63.]

Employment during total disability

81.1  (1) If an insured who is entitled to disability benefits under section 80 becomes capable of engaging in employment or an occupation but, because of injuries suffered in the accident is incapable of earning an amount that exceeds 125% of the disability benefits determined under sections 80 and 81, the insured may keep earnings from that employment or occupation, without deduction from disability benefits, in an amount that does not exceed 25% of those disability benefits, but any amounts earned in excess of 25% of the disability benefits will be deducted from the disability benefits payable by the corporation.

(2) No disability benefit is payable under section 80 if the application of subsection (1) would result in a payment of less than $5 a week.

[en. B.C. Reg. 491/95, s. 14.]

Payments under Workers Compensation Act

82  Where an insured who is a worker to whom the Workers Compensation Act or a similar law of another jurisdiction applies is injured or killed in the course of his employment, the corporation is not liable to pay benefits under this Part for the injury or death, notwithstanding that the insured, his spouse or personal representative, has elected not to claim or has forfeited the insured's claim under the Workers Compensation Act or other similar law for the injury or death, except to the extent that the amount of any benefit payable under this Part exceeds the amount that would be payable to the insured, his spouse or personal representative under the Workers Compensation Act or other similar law for the same injury or death.

Unemployment benefits

83  Where an insured who is also an insured person under the Employment Insurance Act (Canada) is injured, the corporation is not liable to pay benefits under this Part for the injury, notwithstanding that the insured, his spouse or personal representative has elected not to claim or has forfeited the insured's claim under the Employment Insurance Act (Canada) for the injury, except to the extent that the amount of any benefit payable under this Part exceeds the amount that would be payable to the insured, his spouse or personal representative under the Employment Insurance Act (Canada) for the same injury.

[am. B.C. Reg. 246/98, s. 4.]

Disability benefits for homemakers

84  (1) Subject to section 85 and subsection (2) of this section, where, within 20 days after an accident for which benefits are provided under this Part, an injury sustained in the accident substantially and continuously disables an insured who is a homemaker from regularly performing most of the insured's household tasks, the corporation shall compensate the insured for the period of the disability or 104 consecutive weeks, whichever is shorter, for reasonable expenses incurred by the insured to hire a person to perform the household tasks on the insured's behalf, subject to a maximum amount per week as set out in section 2 of Schedule 3.

(2) No compensation is payable under this section in respect of household tasks performed by a member of the insured's family.

[en. B.C. Reg. 449/88, s. 13; am. B.C. Reg. 438/92, s. 13.]

Waiting period

85  (1) No disability benefits are payable under section 80 or 84 unless the insured is disabled for a period of more than 7 days.

(2) If the insured is disabled for more than 7 days, no disability benefit is payable by the corporation for the first 7 days after the disability commenced.

[am. B.C. Reg. 438/92, s. 14.]

Disability beyond 104 weeks

86  (1) Where an injury for which disability benefits are being paid to an insured under section 80 or 84 continues, at the end of the 104 week period, to disable the insured as described in the applicable section, the corporation shall, subject to subsections (1.1) and (2) and sections 87 to 90, continue to pay the applicable amount of disability benefits to an insured described in section 80 or 84

(a) for the duration of the disability, or

(b) until the insured reaches 65 years of age,

whichever is the shorter period.

(1.1) Subsection (1) does not apply to an insured who, at the end of the 104 week period, has reached 65 years of age.

(2) Where benefits are payable under the Canada Pension Plan or the Quebec Pension Plan to an insured during the period and in respect of a disability for which benefits are payable to the insured under this section, the amount payable each month under this section shall be reduced by an amount not exceeding the amount of the first regular monthly benefit cheque received by the insured under the Canada Pension Plan or the Quebec Pension Plan after the insured becomes eligible for benefits under this section, and that amount shall continue to be deducted notwithstanding that the amount payable to the insured under the Canada Pension Plan or the Quebec Pension Plan may be increased during the time the insured remains eligible for benefits under this section, but if the amount payable to the insured under the Canada Pension Plan or the Quebec Pension Plan decreases, the benefits payable under this section shall be increased accordingly.

(3) Repealed. [B.C. Reg. 324/91, s. 21.]

(4) Where an insured is receiving other disability payments as defined in section 81 and under the terms of the contract for payment of those other disability payments the payments are reduced by any amount received under the Canada Pension Plan or the Quebec Pension Plan, the reduction of disability payments under subsection (2) shall be prorated.

(5) Where an insured who is an employed person returns to work but, because of injuries suffered in the accident, is incapable of earning the amount of his present disability benefits, the corporation will pay the difference between his disability benefits and the amount the insured is presently earning through his employment.

[am. B.C. Regs. 335/84, s. 20; 448/90, s. 14; 324/91, s. 21; 404/94, s. 12.]

Review of benefits

87  Any benefits payable under section 80, 84 or 86 may be reviewed every 12 months and terminated by the corporation on the advice of the corporation's medical adviser.

Medical or rehabilitation benefits

88  (1) Where an insured is injured in an accident for which benefits are provided under this Part, the corporation shall, subject to subsections (5) and (6), pay as benefits all reasonable expenses incurred by the insured as a result of the injury for necessary medical, surgical, dental, hospital, ambulance or professional nursing services, or for necessary physical therapy, chiropractic treatment, occupational therapy or speech therapy or for prosthesis or orthosis.

(1.1) Repealed. [B.C. Reg. 383/89, s. 14.]

(2) Where, in the opinion of the corporation's medical adviser, provision of any one or more of the following is likely to promote the rehabilitation of an insured who is injured in an accident for which benefits are provided under this Part, the corporation may provide any one or more of the following:

(a) funds to the insured once during the lifetime of the insured for the acquisition by the insured of one motor vehicle equipped as necessary and appropriate to its use or operation by the insured, the choice of make or model of vehicle to be in the sole discretion of the corporation;

(b) funds to the insured once during the lifetime of the insured for alterations to the insured's residence that are necessary to make the residence accessible to and usable by the insured, the style and cost of the alterations to be in the sole discretion of the corporation and the alterations to be limited to necessary ramps, a necessary lift, necessary bathroom alterations and, where the insured is a homemaker or a person who lives alone, necessary kitchen alterations

(c) reimbursement to the insured for the costs of attendant care, other than care provided by a member of the insured's family, where the insured has returned to and is residing in the community but is not capable of performing some or all of the tasks necessary to sustain an independent lifestyle, the amount of the reimbursement to be limited to the lesser of

(i)   the monthly cost of a group residence, including a long term care facility, that would be appropriate to the care needs of the insured as determined by the rehabilitation team, and

(ii)   the monthly cost of attendant care required by the insured as a result of injuries from the motor vehicle accident, the level and type of which will be determined by the rehabilitation team using the same standards and criteria applied under the Long Term Care Program of the Continuing Care Division of the ministry of the minister responsible for the administration of the Continuing Care Act;

(d) reimbursement to the insured for costs incurred from time to time by the insured for the purchase and reasonable repair, adjustment or replacement of one or more of the following items:

(i)   a wheelchair;

(ii)   a medically prescribed bed for other than hospital use;

(iii)   bowel and bladder equipment;

(iv)   aids for communication, dressing, eating, grooming and hygiene;

(v)   transfer equipment;

(vi)   a ventilator;

(e) funds to the insured for vocational or other training that

(i)   is consistent with the insured's pre-injury occupation and his post-injury skills and abilities, and

(ii)   may return the insured as nearly as practicable to his pre-injury status or improve the post-injury earning capacity and level of independence of the insured;

(f) funds for any other costs the corporation in its sole discretion agrees to pay.

(3) Before incurring an expense or obligation under subsection (2) for which the insured intends to request payment by the corporation, the insured shall obtain written approval from the corporation and the corporation may, before giving its approval, require the insured to submit such information as it considers necessary to assist it in making a decision.

(4) The corporation is not liable to insure, repair, replace or maintain a motor vehicle acquired by an insured under subsection (2) (a) except in the course of an approved repair resulting from a subsequent claim for insured loss or damage to the vehicle.

(5) The amount by which the liability of the corporation under this section is limited is the amount set out in section 3 of Schedule 3.

(6) The corporation is not liable for any expenses paid or payable to or recoverable by the insured under a medical, surgical, dental or hospital plan or law, or paid or payable by another insurer.

(7) The maximum amount payable by the corporation under this section for medical, surgical, dental, nursing or physical therapy services or for chiropractic treatment, occupational therapy or speech therapy listed in the payment schedules established by the Medical Services Commission under the Medicare Protection Act is the amount listed in the payment schedules for that service, treatment or therapy.

(8) The corporation is not liable to pay for more than 12 physical therapy treatments for an insured for each accident unless, before any additional treatment is given, the corporation's medical advisor or the insured's medical practitioner certifies to the corporation in writing that, in his opinion, the treatment is necessary for the insured.

[am. B.C. Regs. 335/84, s. 21; 379/85, s. 33; 449/88, s. 14; 383/89, s. 14; 438/92, s. 15; 491/95, s. 15; 166/2006, s. 64; 4/2010, s. 3.]

Arbitration

89  For the purpose of section 88 (1), any dispute between the corporation and an insured as to whether or not an expense is reasonable, shall be submitted to arbitration under the Commercial Arbitration Act.

[am. B.C. Reg. 449/88, s. 15.]

Power to terminate benefits for refusal to undergo treatment or training

90  (1) Where, in the opinion of the corporation's medical adviser or vocational adviser and in the opinion of the medical practitioner attending an insured who is receiving benefits under section 80, 84, 86 or 88,

(a) any medical, surgical or other similar treatment is likely to relieve in whole or part the disability of the insured, or

(b) a retraining or educational program is likely to assist in the rehabilitation of the insured,

the corporation may require the insured, at the expense of the corporation, to undergo treatment or complete the program.

(2) Subject to subsection (3), where an insured refuses to comply with a requirement under this section, the corporation may, after giving the insured at least 60 days' notice in writing, by registered mail, postage prepaid, addressed to the insured at his last address according to the corporation's records, terminate payment of benefits under section 80, 84, 86 or 88.

(3) The insured may, within the period of 60 days mentioned in subsection (2), apply to a judge of the Supreme Court for an injunction against terminating the benefits on grounds that

(a) the treatment the insured is required to undergo

(i)   is unlikely to relieve the insured's disability, or

(ii)   may injuriously affect the balance of the health of the insured, or

(b) the program the insured is required to complete is not likely to assist in the rehabilitation of the insured.

[am. B.C. Reg. 335/84, s. 22.]

Funeral expenses

91  Where the death of an insured is caused by an accident described in section 79, the corporation shall, subject to section 88 (6), promptly reimburse for burial and funeral expenses not exceeding the amount set out in section 4 of Schedule 3.

Death benefits

92  (1) In this section and section 5 of Schedule 3:

"dependent child" includes

(a) a child of a parent who is not the head of household of which the child is a member but who is legally liable to support or contribute to the support of the child, and

(b) for the purpose of payment of death benefits in respect of the death of an insured, a child of the insured who is born after the death of the insured and survives for 60 days after birth;

"head of household" includes an insured who was not, at the date of an accident resulting in the death of the insured, residing in the household of which the spouse of the insured was a member, but

(a) was legally liable to contribute to the support of the household, and

(b) during the 12 months immediately preceding the accident provided the major portion of the household's income;

"spouse in household" includes an insured who was not, at the date of an accident resulting in the death of the insured, residing in the household of which the spouse of the insured was a member, but

(a) was contributing or legally liable to contribute to the support of the household, or

(b) would have been responsible for supporting and rearing the dependent children in the household if the spouse of the insured had died.

(2) Subject to section 94, the corporation shall pay a death benefit in an amount that is based on the age and status of a deceased insured as set out in section 5 of Schedule 3, where

(a) the death of an insured is caused by an accident for which benefits are provided under this Part, and

(b) the deceased insured is survived by

(i)   a spouse, dependent child or dependent parent, or

(ii)   a parent, where the deceased insured is a dependent child.

[am. B.C. Regs. 379/85, s. 34; 246/98, s. 5.]

Supplemental, additional and survivor's death benefits

93  (1) Where the deceased insured is survived by a spouse and one or more dependants, or by more than one dependant, the corporation shall pay, in addition to the benefit payable under section 92, a supplemental death benefit in the amount set out in section 6 of Schedule 3 for each survivor, other than the first.

(2) Where the deceased insured is survived by a spouse or one or more dependants or by a spouse and one or more dependants, the corporation shall, in addition to the benefits payable under section 92, pay, for the period of 104 weeks after the death of the deceased insured,

(a) additional death benefits in the applicable amount set out in section 7 of Schedule 3 for the first survivor, and

(b) survivor's death benefits in the applicable amount set out in section 8 of Schedule 3 for each survivor, other than the first,

but the total amount payable under this subsection shall be reduced by the amount of any payment under sections 80 and 84.

(3) Payments under this section terminate on the death of all survivors of the deceased insured.

(4) No benefit is payable under this section unless a benefit is also payable under section 92.

Rules for payment of death benefits

94  (1) Any benefits payable under section 92 or 93 in respect of a spouse of a deceased insured shall be paid to that spouse.

(2) Where a deceased insured is survived by more than one spouse, the total amount of benefits payable under sections 92 and 93 in respect of all spouses shall not exceed the amount that would have been payable

(a) to the spouse having the greatest claim, or

(b) where the claims are equal, to one spouse

if that spouse had been the only spouse and that amount shall be

(c) divided equally among and paid to the spouses, if the deceased insured had the same status in relation to each spouse, or

(d) paid to the spouse in relation to whom the insured had the status of head of household, in any other case.

(3) For the purpose of subsection (2), "claim" does not include any amount payable in respect of a dependant other than a spouse.

(4) Any benefits payable under section 92 or 93 for or on behalf of a dependent child of a deceased insured where that child is

(a) under the age of 19 shall be paid in accordance with section 32 of the Act, or

(b) 19 years of age or older shall be paid

(i)   to the surviving spouse of the deceased insured if the surviving spouse has guardianship or custody of the dependent child,

(ii)   where the deceased insured is survived by more than one spouse, to the spouse having guardianship or custody of the child, or

(iii)   where there is no surviving spouse who has guardianship or custody of the dependent child, to the dependent child.

(4.1) A benefit payable under section 92 in respect of the death of a dependent child must be divided equally among and paid to the surviving parents who at the time of the child's death had care and control of the child or were contributing regularly to the support of the child.

(5) Where a deceased insured is survived by dependants, the total amount of benefits payable under sections 92 and 93 shall be divided equally among and paid to the surviving dependants.

(6) An entitlement to benefits payable under section 92 or 93 shall be determined as of the date of death of the insured.

[am. B.C. Regs. 379/85, s. 35; 449/88, s. 16; 383/89, s. 15; 324/91, s. 22; 385/2012, s. 2.]

Sixty day rule and common disaster

95  (1) Any benefits payable under section 92 or 93 shall be paid only to a person who survives the deceased insured by at least 60 days.

(2) Where the death of the head of household and of a spouse or dependant of the head of the household is caused by a common disaster, any benefits payable under section 93 shall be paid only in respect of the death of the head of household.

(3) The corporation may, in its sole discretion, waive the 60 day survival requirement under subsection (1).

[am. B.C. Reg. 448/90, s. 15.]

Restriction on benefits

96  The corporation is not liable to pay benefits under this Part in respect of the injury or death of a person

(a) who is resident outside the Province and, at the time of the accident, is the occupant of a vehicle not described in an owner's certificate,

(b) who, 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)   the 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)   the 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 occupant had reasonable grounds to believe that the vehicle was licensed,

(c) who commits suicide or attempts to commit suicide, whether he is sane or insane,

(d) Repealed. [B.C. Reg. 449/88, s. 17.]

(e) who is the occupant of a vehicle that, at the time of the accident, is being used for an illicit or prohibited trade or transport, or

(f) whose injury or death is caused, directly or indirectly, by sickness or disease, unless the sickness or disease was contracted as a direct result of an accident for which benefits are provided under this Part.

[am. B.C. Regs. 379/85, ss. 36, 37; 449/88, s. 17.]

Notice of claim

97  (1) Where an accident occurs for which benefits are provided under this Part, the insured shall

(a) promptly give the corporation notice of the accident,

(b) not later than 30 days from the date of the accident, mail to the corporation by registered mail, or deliver to the nearest claims centre of the corporation, a written report on the accident with particulars of the circumstances in which the accident occurred and the consequences of the accident, and

(c) within 90 days from the date of the accident furnish the corporation with a proof of claim in a form authorized by the corporation.

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

Repealed

97.1  Repealed. [B.C. Reg. 166/2006, s. 65.]

Medical certificates

98  (1) An insured shall, on request of the corporation, promptly furnish a certificate or report of an attending medical practitioner, dentist, physiotherapist or chiropractor as to the nature and extent of the insured's injury, and the treatment, current condition and prognosis of the injury.

(1.1) The certificate or report required by subsection (1) must be provided to the corporation

(a) in any form specified by the corporation including, without limitation, narrative form, and

(b) in any format specified by the corporation including, without limitation, verbal, written and electronic formats.

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

[am. B.C. Regs. 408/87, s. 23; 491/95, s. 16.]

Medical examination

99  (1) An insured who makes a claim under this Part shall allow a medical practitioner, dentist, physiotherapist or chiropractor selected by the corporation, at the expense of the corporation, to examine the insured as often as it requires.

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

[am. B.C. Regs. 408/87, s. 24; 491/95, s. 17.]

Autopsy

100  (1) Where death occurs as a result of an accident for which benefits are provided under this Part, the corporation may withhold benefits payable under section 92 or 93 until the insured claiming the benefits allows the corporation to order an autopsy or post mortem examination of the body of the deceased insured to be performed at the expense of the corporation.

(2) Where death occurs a considerable time after the date of the accident and in circumstances that, in the opinion of the corporation, raise doubt as to whether the deceased insured died from natural causes or as a result of the accident, the corporation shall not pay any benefits under section 92 or 93 unless, before burial or cremation of the deceased insured, the insured claiming the benefits informs the corporation of the death and allows the corporation to order an autopsy or post mortem examination.

(3) The corporation shall refer any dispute respecting an autopsy or post mortem examination to the chief coroner or another coroner appointed under the Coroners Act.

Time of payment

101  Benefits payable under this Part shall be paid by the corporation

(a) in the case of weekly benefits, within 4 weeks after it receives proof of claim, and thereafter at 4 week intervals if the insured complies with sections 98 and 99 when required by the corporation, and

(b) in any other case, within 60 days after it receives proof of claim.

Alteration of form of payment

102  The corporation may, at any time, make a lump sum payment of benefits or otherwise alter the form of payment to benefit the insured.

Limitation

103  (1) No person shall commence an action in respect of benefits under this Part unless

(a) he has substantially complied with the provisions of sections 97 to 100 that are applicable to him, and

(b) the action is commenced within 2 years after

(i)   the date of the accident for which the benefits are claimed,

(ii)   where benefits have been paid, the date he received the last benefit payment under this Part, or

(iii)   the date on which the corporation receives a notice under subsection (2).

(2) If an insured makes a claim for benefits under this Part and the corporation has not made a payment in accordance with section 101, the insured may issue written notice to the corporation within 2 years of the date of the accident for which the benefits are claimed of the insured's intention to commence an action in respect of benefits under this Part.

(3) A notice referred to in subsection (2) must be

(a) in the form established by the corporation, and

(b) sent by registered mail addressed to the claim office dealing with the insured's claim.

[am. B.C. Reg. 166/2006, s. 66.]

Other insurance

104  (1) If benefits

(a) are provided under this Part and evidenced by an owner's certificate in respect of a vehicle involved in an accident, and

(b) are also provided under this Part and evidenced by an owner's certificate in respect of a vehicle not involved in the accident, or by a driver's certificate,

the benefits described in paragraph (a) are primary and the benefits described in paragraph (b) are available only to the extent that the amount of those benefits exceeds the amount of benefits described in paragraph (a).

(2) If an insured is also insured under vehicle insurance that provides compensation similar to benefits provided under this Part or similar benefits or insurance under similar legislation of another jurisdiction, the liability of the corporation for payment of benefits 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 benefits 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 benefits provided under this Part.

(3) Subsection (2) does not apply in respect of benefits payable under section 80.

[am. B.C. Regs. 379/85, s. 38; 166/2006, s. 67.]

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