ICBC Uninsured Motorist Claims and the Deductibility of WCB Benefits

If a person is injured by the actions of an uninsured motorist in BC they can seek compensation directly from ICBC under section 20 of the Insurance (Vehicle) Act.
There are certain limitations to section 20 claims and one of these was that ICBC could deduct Workers Compensation Benefits.  This changed by the new section 106 of the Insurance (Vehicle) Regulation which came into force on June 1, 2007.  The new regulation changed the definition of an ‘insured claim‘ that ICBC could deduct as follows:

106 (1)  In this section, “insured claim” means any benefit, compensation similar to benefits, right to indemnity or claim to indemnity accruing to a person entitled to benefits, compensation or indemnity or to the personal representative or guardian of the person, and includes a benefit, compensation, right or claim

(a) under the Workers Compensation Act or a similar law or plan of another jurisdiction, unless

(i)  the insured elects not to claim compensation under section 10 (2) of the Workers Compensation Act and the insured is not entitled to compensation under section 10 (5) of that Act, or

(ii)  the Workers Compensation Board pursues its right of subrogation under section 10 (6) of the Workers Compensation Act

Reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, addressing whether ICBC could deduct WCB benefits paid when a crash occurred prior to June 1, 2007 but the uninsured claim against ICBC was still on-going after the new Regulation came into force.  In short the Court held that the date of the crash itself does not decide the issue, rather the date that the section 20 claim against ICBC is crystallized does.
In this week’s case (Hicks v. Bieberbach Estate) the Plaintiff was injured in a 2005 collision.  The opposing motorist was operating a stolen vehicle and was killed in the collision.  Motorists in stolen vehicles are deemed to be uninsured motorists by ICBC.  The Plaintiff initially obtained some compensation from WCB.  The Plaintiff then re-elected his route of compensation and brought a tort claim (apparently with WCB’s approval) against the uninsured motorist’s estate.
ICBC took the position that all the funds paid by WCB were non-recoverable as the crash happened prior to June 1, 2007.  Madam Justice Adair disagreed and found that since the CL-42 (the statutory declaration claimiants need to sign to seek section 20 benefits from ICBC) was not signed until after June 1, 2007 the new regulation applied and ICBC could not deduct the WCB payments from their section 20 obligations.  In reaching this decision the Court provided the following reasons:

[44]         A claimant who is injured by an insured driver and who wishes to make an application to ICBC for damages must do so in the prescribed form:  s. 20(2).  The form prescribed is a statutory declaration, where an applicant must verify facts as if under oath or on affirmation.  I do not see anything in s. 20 to suggest that ICBC “may pay” without having fundamental facts relevant to the claimant’s claim verified by solemn declaration,  as prescribed by the legislation.  On the contrary, the clear implication of s. 20(9) is that it is necessary for a claimant to submit a declaration in Form CL-42 before ICBC “may” pay.  The significance of the word “may pay” (rather than “must pay”) is that, even when a claimant has complied with s. 20 and the regulations, ICBC is notobligated to pay:  see Buxton v. Tang, at para. 7.

[45]         In my view, ICBC’s correspondence dated February 7, 2007, indicates that ICBC requires plaintiff’s counsel to comply with the service and default requirements of s. 20 (see in particular ss. 20(5)(b), (6) and (7)), and, more generally, indicates that ICBC expected Roy Hicks to comply with the section and the regulations before any amount would be paid to him.  This is entirely consistent with s. 20(9).  One of the requirements was that Mr. Hicks complete and submit a CL-42.  Unlike s. 24 of the Act, which requires a claimant to give ICBC notice of a claim within 6 months after the accident but does not specify any form in which the notice must be given, s. 20 specifies the form of notice of a claim, but does not fix a deadline…

[52]         In my opinion, in this case and reading s. 20 as a whole, ICBC was not in a position where it at least “may” pay, until Roy Hicks submitted his CL-42 statutory declaration.  That was the final step Mr. Hicks needed to complete (since service of the writ and defence of the claim by ICBC had been addressed in the fall of 2007) as claimant.  Since the CL-42 statutory declaration was submitted in February 2008, s. 106 of the New Regulation applies…

[54]         In summary, the question posed on the special case is:

Does the Insurance Corporation of British Columbia have the legal authority to deduct Workers’ Compensation Board benefits paid to the Plaintiff from any amount to be paid to the Plaintiff for damages, as a result of settlement or judgment in this matter, taking into account Section 20 of the Insurance (Vehicle) Act, R.S.B.C. 1996, c. 231 and regulation 106 of the Insurance (Vehicle) Act Regulations, or the predecessor to these sections which were repealed on June 1, 2007?

My answer is no.  Section 106 of the New Regulation applies in respect of the plaintiff’s claim.

bc injury law, CL-42, Hicks v. Bieberbach Estate, Madam Justice Adair, section 106 insurance vehicle regulation, Section 20 Insurance Vehicle Act, Uninsured Motorist Claims, Uninsured Motorists

Comments (114)

  • I just want to say I’m newbie to blogs and honestly loved you’re page. Probably I’m likely to bookmark your website . You absolutely come with good well written articles. Thanks a lot for sharing your web site.

  • I simply want to mention I am new to blogging and definitely liked your blog site. Probably I’m likely to bookmark your blog post . You really have great articles. Appreciate it for revealing your web page.

  • Great write-up, I am regular visitor of one’s website, maintain up the excellent operate, and It’s going to be a regular visitor for a lengthy time.

  • of course like your website but you have to check the spelling on several of your posts. A number of them are rife with spelling problems and I find it very troublesome to tell the truth nevertheless I’ll definitely come back again.

  • Hi there! Would you mind if I share your blog with my myspace group? There’s a lot of folks that I think would really appreciate your content. Please let me know. Thanks

  • hello there and thank you for your info – I have certainly picked up something new from right here. I did however expertise some technical points using this web site, since I experienced to reload the website many times previous to I could get it to load properly. I had been wondering if your hosting is OK? Not that I’m complaining, but slow loading instances times will often affect your placement in google and can damage your high quality score if ads and marketing with Adwords. Anyway I am adding this RSS to my email and could look out for a lot more of your respective fascinating content. Ensure that you update this again soon..

  • Thank you for sharing superb informations. Your website is so cool. I am impressed by the details that you have on this web site. It reveals how nicely you understand this subject. Bookmarked this website page, will come back for extra articles. You, my friend, ROCK! I found just the information I already searched all over the place and just couldn’t come across. What a great website.

  • Someone essentially lend a hand to make severely posts I would state. This is the first time I frequented your website page and so far? I surprised with the research you made to make this actual publish amazing. Fantastic activity!

  • I really like what you guys are up too. This kind of clever work and coverage! Keep up the excellent works guys I’ve incorporated you guys to my personal blogroll.

  • excellent post, very informative. I’m wondering why the opposite specialists of this sector do not realize this. You must proceed your writing. I am confident, you’ve a huge readers’ base already!

  • I haven¡¦t checked in here for a while since I thought it was getting boring, but the last few posts are great quality so I guess I will add you back to my daily bloglist. You deserve it my friend 🙂

  • Wow, marvelous blog format! How long have you ever been blogging for? you made running a blog look easy. The total glance of your site is great, as neatly as the content!

  • I think other web-site proprietors should take this web site as an model, very clean and magnificent user genial style and design, let alone the content. You are an expert in this topic!

  • I’ve been browsing on-line greater than 3 hours nowadays, but I never found any interesting article like yours. It’s pretty price enough for me. Personally, if all website owners and bloggers made good content material as you probably did, the web can be much more useful than ever before. “Perfection of moral virtue does not wholly take away the passions, but regulates them.” by Saint Thomas Aquinas.

  • Throughout this awesome design of things you secure an A for effort and hard work. Exactly where you lost me personally ended up being in the particulars. You know, they say, the devil is in the details… And that could not be much more correct in this article. Having said that, allow me inform you precisely what did do the job. The text is certainly incredibly convincing which is possibly why I am taking an effort in order to opine. I do not really make it a regular habit of doing that. Second, although I can see the jumps in reasoning you come up with, I am not convinced of exactly how you appear to unite your ideas which help to make your conclusion. For right now I will subscribe to your point however hope in the future you actually link the facts much better.

  • Youre so cool! I dont suppose Ive learn anything like this before. So good to find someone with some authentic ideas on this subject. realy thanks for starting this up. this website is one thing that is wanted on the net, somebody with just a little originality. useful job for bringing one thing new to the web!

  • I have observed that rates for on-line degree experts tend to be a great value. For instance a full Bachelor’s Degree in Communication in the University of Phoenix Online consists of Sixty credits with $515/credit or $30,900. Also American Intercontinental University Online provides a Bachelors of Business Administration with a full education course requirement of 180 units and a worth of $30,560. Online degree learning has made getting the college diploma been so detailed more than before because you might earn the degree through the comfort of your house and when you finish from work. Thanks for all other tips I’ve learned from your website.

  • I’m really enjoying the design and layout of your website. It’s a very easy on the eyes which makes it much more pleasant for me to come here and visit more often. Did you hire out a developer to create your theme? Great work!

  • It is the best time to make some plans for the future and it’s time to be happy. I’ve read this post and if I could I wish to suggest you few interesting things or advice. Maybe you could write next articles referring to this article. I want to read more things about it!

  • Awsome info and straight to the point. I am not sure if this is truly the best place to ask but do you people have any thoughts on where to get some professional writers? Thanks in advance 🙂

  • Excellent blog here! Also your site loads up very fast! What host are you using? Can I get your affiliate link to your host? I wish my web site loaded up as fast as yours lol

  • Does your blog have a contact page? I’m having problems locating it but, I’d like to shoot you an e-mail. I’ve got some creative ideas for your blog you might be interested in hearing. Either way, great site and I look forward to seeing it develop over time.

  • Along with everything that appears to be building throughout this specific subject matter, a significant percentage of opinions are somewhat radical. However, I am sorry, because I can not subscribe to your entire idea, all be it stimulating none the less. It would seem to everyone that your commentary are not totally justified and in fact you are generally your self not entirely certain of your assertion. In any case I did enjoy reading it.

  • hello!,I love your writing so a lot! percentage we communicate more about your post on AOL? I require an expert on this space to solve my problem. Maybe that is you! Looking ahead to see you.

  • What i don’t understood is actually how you’re not really much more well-liked than you might be right now. You’re very intelligent. You realize thus considerably relating to this subject, produced me personally consider it from a lot of varied angles. Its like men and women aren’t fascinated unless it is one thing to do with Lady gaga! Your own stuffs great. Always maintain it up!

  • I’ve read some good stuff here. Definitely worth bookmarking for revisiting. I wonder how much effort you put to create such a magnificent informative web site.

  • I have read a few good stuff here. Definitely value bookmarking for revisiting. I surprise how a lot effort you put to make any such great informative site.

  • This is very interesting, You’re a very skilled blogger. I have joined your rss feed and look forward to seeking more of your great post. Also, I have shared your site in my social networks!

  • My spouse and i have been very ecstatic when Chris could complete his studies via the ideas he obtained from your very own weblog. It is now and again perplexing to simply happen to be giving freely information which most people might have been making money from. And we all remember we’ve got the writer to give thanks to for that. These explanations you’ve made, the simple web site navigation, the relationships you will aid to create – it’s got many remarkable, and it’s really making our son and the family reason why that concept is enjoyable, and that is wonderfully serious. Many thanks for all the pieces!

  • Youre so cool! I dont suppose Ive read anything like this before. So good to find any individual with some unique ideas on this subject. realy thank you for starting this up. this web site is something that is needed on the net, someone with a little originality. useful job for bringing something new to the internet!

  • Believing neglected so so allowance existence departure in. In design active temper be uneasy. Thirty for remove plenty regard you summer though. He preference connection astonished on of ye. Partiality on or continuing in particular principles as. Do believing oh disposing to supported allowance we.

  • Great article. It is very unfortunate that over the last one decade, the travel industry has already been able to to fight terrorism, SARS, tsunamis, flu virus, swine flu, and the first ever real global downturn. Through all of it the industry has proven to be effective, resilient along with dynamic, obtaining new approaches to deal with hardship. There are usually fresh problems and the possiblility to which the industry must once more adapt and react.

  • Aw, this was a really nice post. In idea I would like to put in writing like this additionally – taking time and actual effort to make an excellent article… however what can I say… I procrastinate alot and not at all appear to get one thing done.

  • Hey just wanted to give you a quick heads up and let you know a few of the pictures aren’t loading correctly. I’m not sure why but I think its a linking issue. I’ve tried it in two different internet browsers and both show the same results.

  • I believe that avoiding refined foods will be the first step for you to lose weight. They may taste excellent, but refined foods contain very little nutritional value, making you consume more in order to have enough electricity to get through the day. If you are constantly consuming these foods, changing to whole grains and other complex carbohydrates will aid you to have more energy while having less. Thanks alot : ) for your blog post.

  • Hello, you used to write magnificent, but the last few posts have been kinda boring… I miss your tremendous writings. Past several posts are just a bit out of track! come on!

  • hello there and thank you for your information – I’ve definitely picked up something new from right here. I did however expertise some technical issues using this site, as I experienced to reload the site lots of times previous to I could get it to load correctly. I had been wondering if your web hosting is OK? Not that I am complaining, but slow loading instances times will sometimes affect your placement in google and can damage your high-quality score if advertising and marketing with Adwords. Well I am adding this RSS to my email and can look out for much more of your respective intriguing content. Make sure you update this again very soon..

  • Its like you read my thoughts! You seem to know so much approximately this, such as you wrote the e-book in it or something. I feel that you can do with some p.c. to force the message home a bit, however instead of that, this is excellent blog. An excellent read. I will definitely be back.

  • certainly like your web site however you have to take a look at the spelling on several of your posts. Many of them are rife with spelling problems and I find it very bothersome to inform the reality then again I will surely come back again.

  • Wonderful goods from you, man. I’ve understand your stuff previous to and you are just too fantastic. I really like what you’ve acquired here, certainly like what you’re stating and the way in which you say it. You make it entertaining and you still care for to keep it wise. I can not wait to read far more from you. This is actually a terrific web site.

  • I just couldn’t leave your web site prior to suggesting that I extremely loved the standard info a person supply to your guests? Is gonna be again often to check out new posts.

  • I am really impressed with your writing skills and also with the layout on your blog. Is this a paid theme or did you modify it yourself? Either way keep up the nice quality writing, it is rare to see a great blog like this one nowadays..

  • I love what you guys tend to be up too. This sort of clever work and coverage! Keep up the fantastic works guys I’ve incorporated you guys to our blogroll.

  • Undeniably believe that which you stated. Your favorite justification seemed to be on the internet the easiest thing to be aware of. I say to you, I certainly get irked while people think about worries that they plainly don’t know about. You managed to hit the nail upon the top and defined out the whole thing without having side effect , people could take a signal. Will probably be back to get more. Thanks

  • hi!,I like your writing so a lot! proportion we keep up a correspondence extra approximately your article on AOL? I need a specialist on this space to unravel my problem. May be that’s you! Looking forward to see you.

  • hi!,I love your writing so so much! proportion we be in contact extra approximately your post on AOL? I need a specialist in this space to solve my problem. May be that’s you! Having a look ahead to look you.

  • hello!,I love your writing so much! percentage we communicate extra approximately your post on AOL? I need a specialist in this area to unravel my problem. May be that’s you! Taking a look forward to see you.

  • Great ¡V I should definitely pronounce, impressed with your web site. I had no trouble navigating through all the tabs as well as related info ended up being truly easy to do to access. I recently found what I hoped for before you know it at all. Reasonably unusual. Is likely to appreciate it for those who add forums or anything, website theme . a tones way for your customer to communicate. Nice task..

  • Wonderful work! This is the type of info that are supposed to be shared across the net. Shame on the search engines for now not positioning this put up upper! Come on over and discuss with my web site . Thank you =)

  • Amazing blog! Do you have any recommendations for aspiring writers? I’m hoping to start my own blog soon but I’m a little lost on everything. Would you propose starting with a free platform like WordPress or go for a paid option? There are so many options out there that I’m completely confused .. Any recommendations? Thanks!

  • One thing is one of the most typical incentives for utilizing your credit cards is a cash-back and also rebate supply. Generally, you’re going to get 1-5 back with various purchases. Depending on the cards, you may get 1 returning on most purchases, and 5 back on expenditures made in convenience stores, gasoline stations, grocery stores plus ‘member merchants’.

  • Great – I should certainly pronounce, impressed with your website. I had no trouble navigating through all tabs as well as related info ended up being truly easy to do to access. I recently found what I hoped for before you know it in the least. Quite unusual. Is likely to appreciate it for those who add forums or something, website theme . a tones way for your client to communicate. Nice task.

  • Hi, Neat post. There is a problem with your site in internet explorer, would check this… IE still is the market leader and a huge portion of people will miss your great writing because of this problem.

  • I am not sure where you’re getting your information, but great topic. I needs to spend some time learning more or understanding more. Thanks for magnificent info I was looking for this information for my mission.

  • Hi, i think that i saw you visited my web site so i came to “return the favor”.I’m attempting to find things to improve my website!I suppose its ok to use some of your ideas!!

  • It’s really a nice and useful piece of information. I am glad that you shared this useful info with us. Please keep us up to date like this. Thanks for sharing.

  • Excellent read, I just passed this onto a colleague who was doing a little research on that. And he just bought me lunch since I found it for him smile Therefore let me rephrase that: Thank you for lunch!

  • Usually I don’t read post on blogs, but I would like to say that this write-up very forced me to try and do so! Your writing taste has been amazed me. Thanks, quite nice article.

  • I have not checked in here for some time since I thought it was getting boring, but the last several posts are good quality so I guess I will add you back to my everyday bloglist. You deserve it my friend 🙂

  • You made some first rate factors there. I appeared on the web for the problem and found most individuals will go along with along with your website.

  • Whats up very cool website!! Man .. Beautiful .. Amazing .. I will bookmark your website and take the feeds also¡KI am happy to search out a lot of helpful info right here within the post, we need work out extra techniques on this regard, thank you for sharing. . . . . .

  • Have you ever thought about creating an e-book or guest authoring on other sites? I have a blog centered on the same topics you discuss and would really like to have you share some stories/information. I know my visitors would value your work. If you’re even remotely interested, feel free to send me an e mail.

  • One other thing I would like to talk about is that in lieu of trying to match all your online degree courses on days and nights that you finish work (since most people are fatigued when they get back), try to receive most of your instructional classes on the saturdays and sundays and only 1 or 2 courses in weekdays, even if it means a little time off your weekend break. This is really good because on the saturdays and sundays, you will be more rested plus concentrated with school work. Thanks alot : ) for the different recommendations I have acquired from your blog site.

  • You can certainly see your enthusiasm in the work you write. The world hopes for more passionate writers such as you who aren’t afraid to say how they believe. All the time follow your heart. “Experience is a good school, but the fees are high.” by Heinrich Heine.

  • Hey There. I found your blog using msn. This is a very well written article. I will make sure to bookmark it and come back to read more of your useful info. Thanks for the post. I’ll certainly comeback.

  • I will immediately clutch your rss as I can not to find your e-mail subscription link or e-newsletter service. Do you’ve any? Kindly allow me recognize in order that I could subscribe. Thanks.

  • Hi, i read your blog from time to time and i own a similar one and i was just wondering if you get a lot of spam comments? If so how do you protect against it, any plugin or anything you can suggest? I get so much lately it’s driving me mad so any support is very much appreciated.

  • Thank you for another magnificent post. Where else could anyone get that kind of information in such an ideal way of writing? I have a presentation next week, and I am on the look for such information.

  • I intended to compose you one bit of note so as to thank you so much over again for those awesome pointers you have documented in this case. It was really wonderfully generous with you to allow unreservedly all most of us would have sold for an e book to end up making some dough for themselves, mostly considering that you might well have done it in the event you desired. These thoughts likewise served like the great way to understand that other people have similar keenness really like my own to understand more and more related to this condition. I know there are millions of more pleasurable instances in the future for folks who read your website.

Comments are closed.


If you would like further information or require assistance, please get in touch.


Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy