Section 97 of the Regulations under the Insurance (Motor Vehicle) Act provides that where you claim for Part VII benefits (no fault benefits); you have certain time limits to make a claim with ICBC:
1) Where an accident occurs for which benefits are provided under this Part, the insured shall;2) The corporation is not liable to an insured who, to the prejudice of the corporation, fails to comply with this section.
- Promptly give the corporation notice of the accident,
- 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
- Within 90 days from the date of the accident furnish the corporation with a proof of claim in a form authorized by the corporation.
If the accident involves a driver who you cannot identify, there are similar time limits involved.
Therefore, the easy answer to making sure you meet all your statutory time limit requirements is that you make a claim with ICBC as soon as possible.
Please note that you have a two-year limitation period after the accident to commence a lawsuit against the at-fault driver and you have a two-year limitation period after the accident or after the last payment under Part VII to bring a lawsuit against ICBC to force payment of Part VII benefits.
When you are involved in an accident, whether it is in British Columbia or otherwise, the best thing to do is make a claim to ICBC as soon as possible.
