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-   -   ICBC VS Alberta (https://www.revscene.net/forums/708775-icbc-vs-alberta.html)

Eff-1 05-11-2016 11:48 AM

Quote:

Originally Posted by xxxrsxxx (Post 8754865)
What if you don't have collision and your old beater is a write off.
Would ICBC compensate in either case of "at fault" and "not at fault"

No. No collision coverage = no compensation.

evil_jigglypuff 05-11-2016 12:21 PM

I understand that ICBC won't pay out on "at fault" claims as collision is under "own damages" meaning anything that you incurred to your "own" vehicle, they will not repair on your behalf.

But if claim was "not at fault", other party's liability insurance should be paying for the claim no?

Eff-1 05-11-2016 01:34 PM

In all claims (at fault and not-at-fault), your collision coverage pays for the repairs at first, then it gets charged back to the other driver's policy if you're not-at-fault.

quasi 05-11-2016 01:36 PM

Nevermind, answered above. :)

evil_jigglypuff 05-11-2016 03:15 PM

Does that mean then if driver A didn't have collision coverage and get in a "not at fault" claim, driver B who then is "at fault" gets off scot-free from his liability insurance(given that there are no injuries involved) paying since there is nothing for that coverage to pay for. So basically only driver B's collision coverage will pay for his own vehicle?

DragonChi 05-11-2016 03:55 PM

Quote:

Originally Posted by meme405 (Post 8754710)
The incident occurred in BC, why would court be heard in AB?

Since the court is in the Province of the defendant's then they would be obliged to comply. More so, than if it was in BC.

For example, if you got a ticket in Seattle, would you care as much as if you had gotten a ticket here?

That was my logic behind it.

smoothie. 05-11-2016 04:01 PM

Quote:

Originally Posted by Eff-1 (Post 8754897)
In all claims (at fault and not-at-fault), your collision coverage pays for the repairs at first, then it gets charged back to the other driver's policy if you're not-at-fault.

my understanding is that you can have basic only, but if the other party is 100% at fault, their basic insurance will cover yours?

did this change recently?

rubadub13 05-11-2016 05:30 PM

Quote:

Originally Posted by evil_jigglypuff (Post 8754929)
Does that mean then if driver A didn't have collision coverage and get in a "not at fault" claim, driver B who then is "at fault" gets off scot-free from his liability insurance(given that there are no injuries involved) paying since there is nothing for that coverage to pay for. So basically only driver B's collision coverage will pay for his own vehicle?

Nope. If driver B is at-fault, his insurance company has to pay for driver A's
damages regardless of if drive A has collision coverage or not. The penalty for driver B is he must pay his own collision deductible to repair his own vehicle and his premiums may go up because of the at-fault accident.

Collision covers you for your own vehicles damages regardless of fault. You just need to pay the deductible if its your fault.

Reeyal 05-12-2016 06:55 AM

Quote:

Originally Posted by smoothie. (Post 8754944)
my understanding is that you can have basic only, but if the other party is 100% at fault, their basic insurance will cover yours?

did this change recently?

You know, I always thought that was the case until some people without collision insurance started to get accidents. Insurance companies were denying claims left and right.

Apparently, no collision coverage, no compensation at all.

Eff-1 05-12-2016 09:24 AM

sorry, I should clarify something. if you don't have collision coverage, and you are not-at-fault, JCBC may cover your damage if the other driver has ICBC mandatory basic 3rd party liability coverage. in the two examples mentioned in this thread, because the at-fault driver was from out-of-province and isn't insured by ICBC, that's why you need collision coverage, or the responsibility of seeking compensation from the other driver becomes your responsibility.

jack86 05-17-2016 02:28 PM

Quote:

Originally Posted by Eff-1 (Post 8755143)
sorry, I should clarify something. if you don't have collision coverage, and the other party is at fault, JCBC Will cover your damage if the other driver has ICBC mandatory basic 3rd party liability coverage. in the two examples mentioned in this thread, because the at-fault driver was from out-of-province and isn't insured by ICBC, that's why you need collision coverage, or the responsibility of seeking compensation from the other driver becomes your responsibility.

this sounds a lilttle better. so much misinformation in this thread. People should take a lot of the post on this thread with a grain of salt.

NNT 05-18-2016 01:13 PM

never know you can opt out on collision coverage. so for the guys that dont buy collision coverage and if you hit a Ferrari, then you are fucked?

evil_jigglypuff 05-18-2016 01:18 PM

if you hit a Ferrari and you don't have collision coverage, you will be ok as long as you have third party liability which we do with all "basic" coverage. Gives you $200,000 coverage. you can purchase extended tpl from $500,000 to max of $5mil

jack86 05-18-2016 02:28 PM

Quote:

Originally Posted by NNT (Post 8756641)
never know you can opt out on collision coverage. so for the guys that dont buy collision coverage and if you hit a Ferrari, then you are fucked?

Disclaimer: The following is not insurance advice.

Basiclly, we are in a common law province. so we look at it from the legality point of view when determining if one party if one party covers the repair cost of another.

for example, if it was I was in an accident with another vehicle and it was my fault. The other party doesn't need collision coverage because I am legally responsible to indemnify them(put them back where they were if there were no accident) .
So if I am legally liable, my 3rd party will cover THEIR cost.

Basiclly, My fault, they sue me, my 3rd party coverage protects me, assuming I did not violate the terms of my condition(which is where lawyer come in and make money fighting to see covered or not).

3rd party = cover other party, could be other vehicles, pedestrian, bicycle, even your passengers

Collision = Covers your own vehicle in an accident, whether you are at fault or not (some exceptions, such as hitting wild animal). inc hit and run.

Comprehensive - coverage is quite broad, but basically, vandalism, theft, flying object, plus bunch of other things including hitting WILD animal.

UMP - Excess under insured motorist protection - this cover YOU in the event of a car accident. I must clarify , it covers you and not your vehicle. We get $1mil when we have a BC driver's license, do don't even need to buy car insurance to have coverage.

Note: hit and run from other vehicles/motorcycle are covered with $750 deductible in BC. you don't need collision coverage (there are some fine prints)

TPL- Third party liability - min 200k, max 5 mil from icbc. Injury claims have skyrocketed in recent years. Like it or not, it will be here to stay. Before anyone say fraud, I must say there are many that are legit. And it adds up quite fast. Most million dollars claim is not due to pain and suffering, contrary to popular belief. It is due to loss of earnings or long term healthcare. General rule of thumb, the younger the victim, the more you pay.
For example, kill a 25 yrs old mechanic. loss of earnings would be like:
annual salary X Number of years left in career.
ex. $50k x 40 years (65 years retirement) = 2 MIl. kill 2 mechanic, 4 mil.
and that's only loss of earnings, add in pain and suffering, medical bill, their vehicles. And no, bankruptcy won't protect you from this.

But to answer OP's question,
Basically, sue in AB. if AB court ok, their AB insurance pay.
But you must think about the time/cost spent going after this guy to see if it is worth it. Or just use this as a lesson learned.

I'll try to answer your questions, feel free to ask.

jack86 05-18-2016 02:39 PM

And I forgot to mention,

If you say you have 1 million TPL, and the other party have injuries and the ICBC lawyer estimated that the settlment is going to be between 1.3-1.8Mil.
ICBC is just going to cut a 1mil check to the other party, and you will have to pay for your own legal defence.
whereas, if ICBC thinks your TPL is enough to cover the cost of settlement, ICBC will pay for your defense.
So always good to have enough coverage, especially when you have a house or good job.


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