The automobile insurance system in BC is comprised of “no -fault” benefit claims and indemnification for claims in tort law. No fault benefits are included as part of the basic (compulsory) insurance coverage offered by the Insurance Corporation of British Columbia (ICBC or “the Corporation”) exclusively. As the name implies, payment of the no fault coverage is given regardless of whether or notany element of fault is attributed to the insured. Optional coverage above and beyond the basic coverage may be purchased from either ICBC or a private insurer under an optional insurance contract (“OIC”).

Claims for damages brought under tort law however do require the presence of a No-fault element on the benefits are included as part of the defendant to be successful. The victim of the accident basic (e.g. a personal injury claimantcompulsory) may sue insurance coverage offered by the other driverInsurance Corporation of British Columbia (sICBC or “the Corporation”)exclusively. As the name implies, payment of the owner(s) no-fault coverage is given regardless of the insured car, manufacturer(s), automobile shop(s), municipal, insurer(s), or whether any other parties liable for the injury. Legislatively, there element of fault is no limitation on attributed to the maximum amount of damages that a court could award to a victiminsured. However, case law Optional coverage above and statute in beyond the province basic coverage may effectively cap certain heads of damage, such as non-pecuniary damages. Where the necessary conditions are met, be purchased from either ICBC may indemnify the insured for all or part of the assessed liability. This means that where damages are awarded to a victim in private insurer under an accident, ICBC will pay those damages instead of the party optional insurance contract (i.e. the insured“OIC”) who is at fault.

Claims for damages brought under tort law, however, do require the presence of a fault element on the part of the defendant to be successful. The victim of the accident (e.g. a personal injury claimant) may sue the other driver(s), the owner(s) of the insured car, the manufacturer(s), automobile shop(s), municipality, the insurer(s), or any other parties liable for the injury. Legislatively, there is no limitation on the maximum amount of damages that a court could award to a victim. However, case law and statute may effectively cap certain heads of damage, such as non-pecuniary damages. Where the necessary conditions are met, ICBC may indemnify the insured for all or part of the assessed liability. This means that where damages are awarded to a victim in an accident, ICBC will pay those damages instead of the party (i.e. the insured) who is at fault. It is important to determine whether the action is one that can be commenced in BC and whether the law of BC applies. For cases involving a BC resident who has been involved in an out-of-province accident, private international law rules applywill govern the action. Generally, for the substantive issues, the law laws of the jurisdiction where the accident took place will apply. For procedural matters, the rules of the trial court will apply. It is important to determine whether the action is one that can be commenced in BC and whether the law of BC applies. A summary of out-of-province insurer qualifications, service procedures, and jurisdictional considerations is listed in '''[[ICBC Claims and Out-of-Province Insurers or Accidents (12:VI) | Section VI]]''', below.

The ''Insurance (Vehicle) Act'' [IVA] and the ''Insurance (Vehicle) Regulation'' [IVR] form a code governing most aspects of auto insurance in BC. The IVR alone runs 102 pages, and it This chapter is impossible not meant to give be a complete comprehensive summary in a manual such as this. This chapter of the IVA or IVR but rather is only a guide to help people locate the relevant sections of the IVA and IVR that they are likely to encounter. A few preliminary concepts, which will be of use in understanding this chapter, are discussed immediately below.

Drivers purchase car insurance to protect themselves in the event that they are found liable for damages. If the necessary preconditions are met, ICBC assumes liability for payment of benefits or damages to the claimant or victim of a car accident. Instead of the insured paying the damages claimed, the insurance company, here ICBC, “indemnifies” the insured.

This Subrogation is a common feature of insurance contracts. When ICBC assumes liability for payment of benefits or damages of any kind on behalf of the insured, ICBC is ‘subrogated’ to the right of recovery that the insured had against any other person (IVA, s 84), i.e., ICBC has all remedies available to it that the insured person might have exercised by him or herself (IVA, s 83).

Premiums are regular payments made by the insured to ICBC . Premiums are based on: where the insured lives, how the vehicle is used, the type of vehicle, and the insured driver’s claim record. Customers can vary their premiums by increasing or decreasing their deductibles, as well as the extent of their optional coverage. Experienced drivers may receive discounts up to 43 percent on insurance plans. There is an informal discount review body created by corporate policy to ensure that discounts are appropriately awarded, but this body was not created for the purposes of hearing formal appeals.

The point penalty system is authorized by ss sections 210 and 211 of the Motor Vehicle Act [MVA]. Section 28.02 01 of the MVA Motor Vehicle Act Regulations , BC Reg 26/58, outlines the various breaches and/or offences of the MVA and the corresponding point penalties recorded.  Starting June 10, 2019, any traffic ticket a driver gets will have the potential to increase their ICBC insurance rates. Traffic tickets will be broken down into two categories: high-risk tickets and regular traffic tickets. High-risk tickets include but may not be limited to: • Impaired driving incidents, including a 24-Hour Prohibition from driving, a 3-day prohibition from driving, a 7-day prohibition from driving, a 30-day prohibition from driving, or a 90-day Immediate Roadside Prohibition or Administrative Driving Prohibition. The number increased insurance rates for impaired driving incidents will also include any individuals who have criminal convictions for impaired driving, refusing to provide a breath sample. The individual will be required to pay increased insurance rates once the individual‘s mandatory driving prohibition is over. • Electronic Device tickets, which increases insurance rates on top of pointsadding to the Driver Risk Premium • Excessive Speeding tickets, beyond which also increases insurance rates on top of adding to the set limitsDriver Risk Premium • Driving While Prohibited charges • Criminal Code driving convictions  These increased insurance rates would start on September 1, that accumulated during the first year is taken into account when fixing premiums2019.

Section 85 of the ''IVA'' allows ICBC to either generally, or for a particular case, waive a term or condition of an insurance contract (also known as “the plan”). However, in order for a term or condition to be waived, the waiver must be in writing '''and''' signed by an ICBC officer.