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Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only.

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Old 02-16-2009, 11:32 PM   #1
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ICBC claim advice(Alberta resident)

I just got into an accident in B.C. and need some advice on what to do next.

BACKGROUND INFO:
I'm here in B.C. temporarily as a student(Studying at BCIT). My license, registration, and insurance is for Alberta.

My car was hit about a week ago in a parking lot. 100% other parties fault - car was parked, no one inside.

She is going through ICBC(her insurance company) to claim as she cannot pay cash for the damages.

I've gone to ICBC with the claim number she has given me, and they told me that I need to speak to MY insurance company first.

I called my insurance company and they said that they do not need to get involved as the other party was 100% at fault.

Now, I really don't have the time nor patience to go back and forth to each company, and I just want this resolved.

My question is, for those who have been in a similar situation, what course of action did you take, and what was the outcome? Also, if anyone has any insight as to the PROPER way of addressing this problem would be greatly appreciated(and no, a Christian Bale-esque altercation is NOT an option!).

Thanks!
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Old 02-17-2009, 12:34 PM   #2
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What a joy! I hate playing "not my job." If it were me, I would call ICBC back, say I contacted my insurance company at 1-800-XXX-XXXX and spoke with ______. Mr. _____ can be reached at extension XXXX and (s)he informed me that the company is not interested and it is up to you to get this fixed.
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Old 02-17-2009, 04:04 PM   #3
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aren't you only allowed 3 months on alberta stuff?.. how long have you been here for?...
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Old 02-17-2009, 06:59 PM   #4
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IF he applied to ICBC within the first 30 days for a student exemption and was granted one, he is legally permitted to drive here on Alberta DL and plates. If he did not, he is NOT legally insured in Alberta because he is "ordinarily resident " in BC. His insurance company will likely not cover him if he was not granted the exemption. This circumstance has been discussed here before.
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Old 02-17-2009, 07:41 PM   #5
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Quote:
Originally Posted by zulutango View Post
IF he applied to ICBC within the first 30 days for a student exemption and was granted one, he is legally permitted to drive here on Alberta DL and plates. If he did not, he is NOT legally insured in Alberta because he is "ordinarily resident " in BC. His insurance company will likely not cover him if he was not granted the exemption. This circumstance has been discussed here before.
Do you have any more information on this?(ie, where I can read up on this)

Does this deny me compensation if the damages were entirely the fault of the other driver? (car was parked in a private lot, I was not in the car)

To avoid further problems in the future, any information and advice you could give me would be great.

Thanks in advance.
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Old 02-17-2009, 08:27 PM   #6
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http://www.icbc.com/licensing/lic_getlic_index.asp
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Old 02-17-2009, 08:34 PM   #7
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Quote:
Originally Posted by Edison_Chen View Post
Quote:
Originally Posted by http://www.icbc.com/licensing/lic_getlic_index.asp
Visitors and students from outside B.C.

If you are just visiting B.C., you may drive with your existing driver's licence for up to six months.

Are you attending a designated educational institution in B.C.? You are permitted to drive here with your out-of-province licence. You must be registered as a full-time student.
Quote:
Originally Posted by http://www.icbc.com/faqs/driver_licensing/oop_dl2PU.asp
Question

I'm a student from outside B.C. Do I have to get a B.C. driver's licence to drive here?
Answer

Non-resident students are exempt from the requirement to obtain a B.C. driver's licence if they:

* hold a valid out-of-province licence and
* are registered as a student at and attending one of the specified educational institutions in B.C.
Nothing stated there about needing to let ICBC know that I am here.

I'm really sorry guys, it may seem as though actually calling ICBC would be the best idea. But I don't want to call them and get the run around like I have gotten so far. I can't reasonably expect them to know the full rules inside and out, so asking for other experience is (in my mind at least) the best way to go through it, as they have gone through the full process.

Anyways, I have spoken with someone from a message board in Alberta, and have gotten the information I need. Maybe a sticky for this subject would be good, as I have noticed the Rev-scene search isn't as effective as it should be(maybe someone has some tricks that work?).

Thank you all for your input.
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Old 02-18-2009, 08:06 AM   #8
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This is one of the specific sections that deals with the "student" situation. The failure to regsiter here because you are "'ordnarily resident" means that the private company can yank your coverage. They have lots of fine print to read. They may research your stay here to find if you did comply with the reqiuirements above. If you did not, your vehicle was not complying with the requirements to be here legally and it needed to have been "exempt' (see above) or you may have been breaking the law...and this could give them a way for them to not get involved in your incident. They may also decide to cancel your coverage. it all comes down to the exact circumstances and how much digging they do.

If you have any questions about the validity of your coverage while in BC I would suggest that you immediately contact your insurance company and find out where you stand. Better now when you are a victim, than after a crash where you have no coverage. Good luck.

"Registration of foreign motor vehicles and trailers
21 (1) The owner of a motor vehicle or trailer

(a) that is duly registered outside British Columbia,

(b) for which the licensing requirements of the jurisdiction in which it is registered are fulfilled, and

(c) that has displayed on it the registration number plates of that jurisdiction for the current year, or is a trailer that is designed exclusively to carry one axle of a motor vehicle for the purpose of towing that motor vehicle behind another motor vehicle and is from a jurisdiction that does not issue registration number plates for that type of trailer,

is exempt from the requirements to register and license the motor vehicle or trailer under this Act, if

(d) the owner or operator of the motor vehicle or trailer is in British Columbia for, and uses the motor vehicle or trailer for, touring purposes only, for a period of 6 months, or

(e) the owner or operator of the motor vehicle or trailer is in British Columbia for, and uses the motor vehicle or trailer for, other than touring purposes, for a period of 30 days

from the date he or she began to operate the motor vehicle or trailer on a highway in British Columbia.

(2) If a motor vehicle or trailer is owned by a person resident outside British Columbia who has complied with the laws of his or her place of residence with respect to the registration and licensing of the motor vehicle or trailer and the motor vehicle or trailer has displayed on it the registration number plates for the current year assigned under those laws for that motor vehicle or trailer and is brought into British Columbia

(a) for temporary use by a member of Her Majesty's Armed Forces on temporary posting in British Columbia for training purposes only for a period not exceeding 6 months, or

(b) by a person for the period that the person is registered as a full time student at and attends any of the following educational institutions:

(i) a university, as defined in the University Act;

(ii) an institution, as defined in the College and Institute Act;

(iii) [Repealed 2004-33-21.]

(iv) the University of Northern British Columbia;

(v) [Repealed 2002-35-9.]

(v.1) the Thompson Rivers University;

(vi) Royal Roads University;

(vii) the Open Learning Agency;

(viii) any other educational institution in the Province that is authorized under an enactment to grant degrees or is designated under section 3 (1) (a) of the Canada Student Financial Assistance Act,

then, at the earliest opportunity and in any event not later than 30 days after the motor vehicle or trailer is brought into British Columbia, the owner must cause the motor vehicle or trailer to be registered with the Insurance Corporation of British Columbia by delivering to the corporation, a government agent or a person authorized in writing by the corporation to receive it a notice in the form required by the corporation and by giving proof of financial responsibility under sections 106 to 113.

(3) The Lieutenant Governor in Council may order that the owner of a motor vehicle or trailer who gives proof of financial responsibility to the Insurance Corporation of British Columbia under sections 106 to 113 is, for a period the Lieutenant Governor in Council specifies, and subject to conditions set out in the order, exempt from the requirements to register or license the motor vehicle or trailer under this Act.

(4) On receipt of the notice in the form required by the Insurance Corporation of British Columbia and proof of financial responsibility, and on being satisfied of the truth of the facts stated in the notice, the corporation must cause to be issued to the owner a certificate of registration in the form established by the corporation, together with a windshield sticker of a design approved by the corporation.

(5) The motor vehicle or trailer, with the sticker conspicuously displayed on the lower part of its windshield in the case of a motor vehicle other than a motorcycle, while being used by the owner within British Columbia for the purpose mentioned in subsection (2) during the period named in the certificate is deemed sufficiently registered and licensed for the purposes of this Act.

(6) A motor vehicle or trailer is not, merely because of compliance with this section, deemed to be sufficiently registered and licensed for the purposes of this Act for a longer period than that allowed by the law of the owner's place of residence for the operation there without local registration or licence of touring motor vehicles and trailers registered and licensed in British Columbia, but this subsection does not apply to permits issued under subsection (2).

(7) A person commits an offence who

(a) drives or operates a motor vehicle or trailer on a highway

(i) after the period of 6 months permitted in subsection (1) (d),

(ii) after the period of 30 days permitted in subsection (1) (e),

(b) makes a false statement in a notice given by him or her for the purposes of this section,

(c) being in possession of a motor vehicle or trailer for which a certificate of registration has been issued under this section, and being requested by a peace officer or constable to exhibit the certificate, refuses or fails to do so,

(d) fails to give proof of financial responsibility under subsection (2), or

(e) 30 days or more after entry into British Columbia of a motor vehicle or trailer that is required to be registered under subsection (2) but in respect of which notice has not been delivered in accordance with subsection (2), drives or operates the motor vehicle or trailer on a highway."
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Old 02-18-2009, 11:11 PM   #9
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I talked to ICBC today and I have an appointment on Friday.

It was actually not too bad dealing with the call centre. The lady was very polite and calm.

It's nice that they are right beside my school.
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