​What is the purpose of removing lawsuits from the insurance system? 

Prior to Enhanced Care, B.C.’s auto insurance system involved high legal costs which directly impacted the insurance rates you paid. Under Enhanced Care coverage, in most situations you will not be able to sue the driver responsible for a crash. However, you won’t need to, because Enhanced Care coverage offers care, recovery and wage-loss benefits for as long as you need them – even if that’s for a lifetime. 

By largely removing the legal costs out of insurance, we are able to pass these savings on to customers. If you have ICBC full Basic and Optional coverage, you will see an average of 20% reduction in insurance premiums. While there are more factors involved with commercial fleet and non-fleet insurance, if your fleet operates exclusively in BC and on-highway, your business should see these savings. 

Does removing lawsuits from the insurance system mean no one can take legal action when involved in a vehicle crash?

No, there are some circumstances where third party liability will still be required, such as

• you damage someone else's vehicle while driving outside of BC
• you cause injury to someone while driving outside of BC
• you damage property, other than a vehicle, while driving (for example, you hit a building, a fence, or a cyclist's bike)
• you damage the contents inside another driver's vehicle
• downtime and environmental clean-up is required

In these scenarios third party liability will respond.

Additionally you can still or be sued in civil cases where ICBC does not get involved, some examples of these are:

Drivers who are responsible and have been convicted of criminal code convictions

Certain damage if a drivers actions may have contributed to the crash, such as a pub owner or vehicle manufacturer

These are some examples of when you can still sue or be sued. For more information on when the limitation on lawsuits applies or not, please refer to Section 116 of the Insurance (Vehicle) Act and part 3 of Enhanced Accident Benefits Regulations.

Is there a formal appeals process if I disagree with ICBC’s judgement?

There are independent options to help customers resolve disputes and some situations where taking legal action against a dangerous driver or negligent party is possible. Government has also taken steps to ensure British Columbians are treated fairly when they have a claim with ICBC. 

When I leave the province, can I be sued if I am involved in a vehicle crash?

Yes, when you leave BC, the laws of the other jurisdiction apply. For instance, if you are responsible for a crash in Alberta you can be sued under their tort model. If you travel outside the province, you can choose to purchase Extended Third Party Liability insurance that would respond to a lawsuit outside of BC.​

Is Third Party Liability still be included in Basic coverage?

Yes, the minimum Third Party Liability coverage you are required to have is $200,000. For commercial vehicles, mandatory minimum Basic Third Party Liability coverage may be $1M or $2M. There are no plans at present to change the minimum limit.

Do I have options for Extended Third Party Liability?

Yes, Extended Third Party Liability will continue to be necessary. For example for off-highway crashes, non-vehicle property damage or out of province crashes, however the risk will be lower. The current options for Extended Third Party Liability remain consistent with those available prior to Enhanced Care.

Do I still need third party liability?

Yes, there are still scenarios where you will still need third party liability in B.C., such as when damage is caused to non-vehicle property (for example, a house, fence, store, hydro pole etc.) Although the risk is lower in BC it still exists. As well if you travel outside of BC, particularly in jurisdictions where suing is allowed, talk to your broker about optional third party liability coverages.

Will Third Party Liability cost less even if my fleet uses vehicles outside of BC?

Generally, Third Party Liability will cost less if you primarily drive within BC. At renewal, it will be important for you and your broker to have a discussion about travelling outside of BC to ensure you purchase sufficient Third Party Liability coverage for tort jurisdictions. 

If you have vehicles that are primarily used outside of BC, you will see less savings or no savings.   The reason for this is because the limitation on suing is in BC only, outside of BC the laws of the other jurisdiction apply. If you operate solely in BC your risk of being sued is much lower than if you operate both inside and outside of BC. You can purchase Extended Third Party Liability coverage for vehicles that operate outside of the province but this will reduce the amount of savings brought on by Enhance Care. Please note that amount of reduction of savings is dependent on territory of use.

Will Enhanced Care coverage apply if I get into a crash in a jurisdiction such as Alberta or Washington State where there is a tort model?

If the crash happens in a jurisdiction that allows the party that is not responsible to sue the responsible party, Extended Third Party Liability will be required to provide adequate coverage. Enhanced Accident Benefits will apply to the BC driver even outside the province and regardless of who is responsible for the crash.

​What is happening with non-standard vehicles under Enhanced Care? 

Under Enhanced Care, non-standard vehicles that operate off-highway are no longer be eligible for third party liability coverage while operating off-highway. Any policy effective May 1, 2021 or later will exclude non-standard vehicles that operate off-highway and customers who are not responsible for the crash will have the option to sue for injury and vehicle damages in these situations.

However, there will be a transition period in which a basic third party liability policy issued prior to May 1, 2021 will continue to cover these losses until the policy expires or is cancelled.

What is the optional Off-Highway Third Party Liability coverage?

For our customers with vehicles such as licensed golf carts, utility vehicles, farm tractors and industrial vehicles (rate classes 030, 100 and 170), who operate off-highway (e.g. on logging roads or private land), optional Off-highway Third Party Liability will protect you in the event of an off-highway crash you are responsible for.

What limits will be available for Off-Highway Third Party Liability optional product?

Yes, optional Off-Highway Third Party Liability is available with a $200k, $1M, $2M, $3M and $5M limit.

If I want to have coverage on my non-standard vehicle for off-highway risks after May 1, 2021, what do I need to do? 

Customers will retain their current third party liability limit after May 1, 2021 until their next renewal. When it comes time to renew your policy, you can choose to purchase the optional off-highway coverage if you would like this risk covered. It will be important for you and your broker to discuss the options to determine the coverage that is right for you. Non-Standard vehicles that require off-highway third party liability coverage will have the option to purchase an optional product either through ICBC or the private market. ICBC will offer an optional product that will provide indemnity against losses caused to others in limits of $200K, $1M, $2M, $3M and $5M. Eligible customers can purchase this coverage at policy renewal.

What if I want to add a non-standard vehicle to my fleet after May 1, 2021?

If your fleet vehicles get their coverage through an APV250, then any new plate for a non-standard vehicle added to your fleet, you will need to consider if you want to purchase the optional off-highway third party liability product as ICBC's Basic third party liability and extended third party liability will not cover this risk. Customers will need to have this conversation with their broker when they are purchasing a new plate on their fleet. 

What is considered a non-standard vehicle?

The definition of a non-standard vehicle, per Legislation Bill 11

• Non-standard vehicle: A motor vehicle that, as manufactured, does not conform to Canadian standards for motor vehicles for on-highway use, but could be licensed for limited on-highway use in BC. 

Some examples of non-standard vehicles include mobile cranes, farm tractors, logging machinery, golf carts, farm tractors and off-road vehicles. 

The definition of a highway per the Motor Vehicle Act

• ​Highway includes (a) every highway within the meaning of the Transportation Act, (b) every road, street, lane or right of way designed or intended for or used by the general public for the passage of vehicles, and (c) every private place or passageway to which the public, for the purpose of the parking or servicing of vehicles, has access or is invited; but does not include an industrial road. 

Some of the vehicles that my company operates do not go on-highway, does this mean that they are non-standard vehicles?

A simple way to determine if your vehicle is non-standard is to ask the following two questions:

• Does the vehicle fit the definition of a non-standard vehicle? (definition above)

• Is the vehicle issued a BC plate and insurance today? 

If the answer is yes to both these questions, the vehicle will be affected by changes to Basic Third Party Liability for non-standard vehicles off-highway. This vehicle may be eligible to purchase Off-Highway Third Party Liability on the APV250.

If no, then the vehicle is either considered standard or it is non-standard but does not carry ICBC insurance. If you want Off-Highway Third Party Liability coverage in the future, you should discuss your options with an Autoplan broker. They will first check that the vehicle can be licenced and insured with restricted plate and then they can add Off-Highway Third Party Liability coverage.

How does Enhanced Care affect non-standard vehicles that currently have Off-Road Vehicles (ORV) plates, Restricted “R” plates or Industrial “X” plates?

There is no change to the on-highway licensing and insurance requirements for non-standard vehicles eligible for the ORV, “R” or “X” plates.  However, the impact of removing lawsuits applies to ORV’s, “R” and “X” plates as it applies to regular plated vehicles if the crash is on-highway.

When driving on-highway with a valid license and insurance, the lawsuit ban applies and these vehicles will still be able to access any applicable insurance on through their plates. 

For licensed and insured non-standard vehicles operating off-highway the lawsuit ban will not apply and you can be sued. However, the basic Third Party Liability will no longer respond. If you would like Third Party Liability on these vehicles while off-highway you will have the option to purchase a non-standard off-highway third party liability optional product. This product will be available for purchase through your APV250.

Other sources of ICBC Off-Highway Third Party Liability Coverage for non-standard vehicles outside the APV250:  

• APV261 (Farm/Industrial Vehicle floater license and insurance)

• If your “R” and “X” plated vehicle currently insured the APV261), the Third Party Liability included on the APV261 will respond to Off-Highway Third Party Liability loss. 
• APV119 (Off-Highway Pleasure Use Policy)
• The Third Party Liability included on the APV119 for off road vehicles also includes Off-Highway Third Party Liability to protect you for this off-Highway/ non-standard vehicle risk.

Are non-standard plates be insured like other vehicles?

For non-standard vehicles operating off-highway (e.g. a licensed and insured excavator causes injuries off-highway) you will have the option to purchase optional Off-Highway Third Party Liability.

There is no change to the on-highway licensing and insurance requirements for non-standard vehicles like forklifts in the future. On-highway, when operating with a valid licence and insurance, the lawsuit ban applies equally to these vehicles as it does to standard vehicles.

What is Basic Vehicle Damage coverage?

As a result of the move to first party coverage, Basic Vehicle Damage coverage represents a change in the way your vehicle repair costs are paid for when you’re not responsible for a crash. It works like this: if you’re driving in BC and another driver crashes into your vehicle, your own Basic Vehicle Damage Coverage will cover the costs of your vehicle damage (up to the extent that you are not responsible for the crash). 

You likely won’t notice any change when you make a vehicle damage claim. You can rest assured knowing that when you’re not responsible for a crash, your Basic insurance will cover you for up to $200,000. 

Why is the Basic Vehicle Damage coverage limit the same for commercial and personal vehicles?

One of the key shifts introduced under Enhanced Care is the shift from third party to first party coverage for vehicle damage. Prior to Enhanced Care, in the litigation-based system, when a driver is not responsible for a crash, they rely on the responsible driver having the appropriate level of Third Party Liability coverage to cover the damage to their vehicle. The minimum Basic third party liability most vehicles are required to carry today is $200,000. When the responsible driver is uninsured, the other driver will rely on the Statutory Uninsured Motorist provision to cover the vehicle damage up to a maximum of $200,000. Basic Vehicle Damage coverage has been designed to provide customers with a similar level of coverage that they would have under the Basic coverage. The $200,000 limit aligns with both the minimum third party liability limit and the Statutory Uninsured Motorist provision that is in place. This limit covers the vast majority of the vehicles in BC (i.e. 99%).

What if I have a vehicle with a value over $200,000?

Basic Vehicle Damage coverage will cover damage to your vehicle up to $200,000 to the degree you are not responsible for a crash in BC. If you purchased ICBC Collision coverage, it will cover the cost of repairs or replacement above the $200,000 limit.  If you do not carry ICBC's Collision coverage you may want to discuss the options with your broker. If you carry collision with an optional insurer, you will want to confirm if their coverage will cover amounts over the $200,000 limit. If you don't buy any collision coverage, you won't have any coverage beyond the $200,000 limit.

What is the rationale for having a limit on the amount of coverage for vehicle damage in Basic insurance?

The Enhanced Care model achieves fairness by placing the burden of insuring the full value of their vehicle on owners of high-value vehicle instead of exposing the entire Basic insurance fund to these high-value specialty risks. This is also a way for ICBC to ensure that material damage claims cost under basic is controlled and contribute to rate stability which is another key goal for Enhanced care.

The high-value vehicle surcharge under Basic still applies and compensation for vehicle damage will depend on the actual cost to repair/ replace the vehicle up to the prescribed limit.

What does Basic Vehicle Damage coverage cover and not cover?

Basic insurance includes Basic Vehicle Damage coverage, which covers repairs to your own vehicle to the extent you are not responsible up to $200,000. If you are not responsible for the crash, the claim will not impact your insurances rates. 

Situations in which Basic Vehicle Damage Coverage would not apply:

• ​a crash that doesn't involve another vehicle; 

• a crash occurring outside of BC (other jurisdictions laws apply); 
• or if you are responsible in the crash (which would still be covered under collision coverage).

Do I still need to purchase Collision coverage?

ICBC's Collision coverage covers your vehicle damage for crashes when you are responsible.  

The Basic Vehicle Damage coverage limit is $200,000. If you have vehicle valued over this limit and typically do not purchase Collision coverage today, you may choose to purchase Collision if you'd like to be covered for additional vehicle damage above the $200,000 limit. At renewal, you should discuss your options with your broker because you will no longer be able to sue for damage even when you are not responsible.

What is first party coverage and how is this different from third party coverage?

Third party coverage: if you cause a crash, your basic insurance pays for the other person's injuries or damage to their vehicle or property.

First party coverage: if you're in a crash, your basic insurance pays for your own injuries regardless of who caused the crash, with more care available than before, if you need it. If your vehicle is damaged and you're not at fault, your basic insurance will cover the vehicle damage too.

Is there an annual limit to Basic Vehicle Damage coverage?

No, you will have access to the limit in Basic Vehicle Damage coverage per claim and per vehicle. 

Are there any vehicles that are not eligible for Collision coverage?

There is no change to the vehicles that are excluded from ICBC Collision coverage. Examples of vehicles that will only be covered up to $200,000 and are not eligible for Collision include mobile cranes, logging machinery and crawlers. Please work with your broker on the best policy that will work for your specific needs.

​Are there changes for Hit and Run claims?

A hit and run happens when an unidentified driver damages your vehicle or injures you and leaves the scene of the crash. Under Enhanced Care, vehicle damage coverage from a hit and run is an optional coverage.

This means all policyholders will no longer subsidize coverage for hit-and-run incidents, making premiums fairer. It also makes BC’s coverage for hit and run consistent with most other jurisdictions across Canada. 

There will continue to be a statutory fund for non-vehicle property damage.

What options do I have to protect for vehicle damage if I have a hit and run under Enhanced Care? 

If you buy Collision coverage, you are still protected from a hit and run. This coverage is subject to your deductible.

If you do not carry Collision and you want to make sure you are protected from a hit and run, you can either add Collision coverage to your policy or add the new Hit and Run optional coverage. If you purchase optional Hit and Run coverage, it will only provide coverage for hit-and-run incidents on B.C. highways. Collision responds to out of province hit-and-run claims.

All British Columbians, regardless of whether they have any insurance coverage, will be covered for any injuries resulting from a hit and run under ICBC’s Enhanced Accident Benefits.

What is the deductible be for the new Hit and Run coverage?

The deductible is $750. However, if you purchase Collision instead of the Hit and Run coverage you can work with your broker to determine what deductible works best for your needs.

Do I need to purchase the stand alone Hit and Run coverage if I already have Collision?

No, if you’ve purchased Collision coverage it will cover any hit-and run-claims. You cannot carry both coverages. 

Is optional Hit and Run coverage available for APV4 (Garage) and APV90 (Fleet Reporting) policies?

No, APV4 (Garage) and APV90 (blanket fleet) policies are not eligible for the ICBC optional hit and run product.

There is currently an exclusion for hit-and-run damage to property owned or operated by a government, municipality, private utility or public utility, including damage to buildings, highways, hydro poles, medians, or telephone poles. Will this exclusion still exist under Enhanced Care?

Yes, Part 8 of the Insurance Vehicle Regulations (IVR) outlines this restriction and this continues to be restricted under Enhanced Care. This restriction limits claims for certain types of property damaged in a hit and run if the property is owned or operated by federal, provincial, or municipal governments; private or public utilities; or similar entities. 

​Are there changes to the Premium Adjustment Agreement (Retro) program?

The Retro program continues to be a voluntary, performance based program. If your fleet has more than 200 vehicles or if your insurance premiums after the fleet discount are $100,000 or more, you remain eligible for the Retro program. 

The overall program directives and eligibility criteria have not changed under Enhanced Care. You will continue to receive an adjustment at 6, 18 and 30 months based on your fleets’ claims. 

Under Enhanced Care, the claims included in your fleet Retro loss ratio calculation have changed. In addition to what is already included, the following claims will be included if one of your drivers is fully or partially responsible for a crash on or after May 1, 2021:

• ​Basic Vehicle Damage coverage, for damage caused to another vehicle to the extent your driver is responsible for the Basic Vehicle Damage coverage loss.

• Enhanced Accident Benefits and Income Top-Up, for anyone injured in the crash to the extent your driver is responsible for the crash. 

Third Party Liability, for when you're responsible for a crash, will also be included and we expect these premiums will be lower due to lawsuit limitations under Enhanced Care. 

When do the claims included in the loss ratio calculation change?

There will be no change in the claims included in the loss ratio for crashes that occur before May 1, 2021.

Can I withdraw from the Retro program?

If you are currently participating in the Retro program, please contact your broker or email the Commercial Underwriting team at fleet.underwriting@icbc.com to discuss your options.

Have the capping levels changed?

No, there are no changes to the capping levels. Under Enhanced Care, a combined total of Third Party Liability, Basic Vehicle Damage coverage, Enhanced Accident Benefits and Income Top-Up will be capped.​

Who has access to the benefits under Enhanced Care?

Enhanced Accident Benefits are available to all British Columbians in the majority of scenarios, whether or not they have a policy with ICBC, with no overall limit to the coverage available. Enhanced Accident Benefits will cover the incidents which occur on or after May 1, 2021. This includes drivers, passengers, cyclists and pedestrians who are injured anywhere in Canada or the U.S., regardless of whether they caused the crash or not.

Further details of the benefits and compensation can be found at enhancedcare.icbc.com.

Where an incident involves a non-standard vehicle operating off-highway, the Enhanced Care benefits will not be available and the limitation on lawsuits will not apply. More information on this can be found here.

What proof is required for the benefits?

The appropriate proof required differs depending on the benefit and the circumstances of the claim, which ICBC claim representatives will advise on.

ICBC will make coverage decisions based on the available medical evidence. A doctor or medical practitioner with determine the care, but ICBC will work with them to provide access to the services and recovery benefits needed for as long as they are needed.

If a driver is working at the time of a crash, what does ICBC cover?

Under Enhanced Care, ICBC is the secondary payer to WorkSafeBC on benefits for crashes which occur while a driver is at work. Drivers who were working at the time of the crash are no longer be able to make an election and must pursue their claim for benefits through WorkSafeBC.

Where a driver is entitled to compensation that exceeds the compensation available with WorkSafeBC, ICBC will pay the excess amount up to the limits that have been set out in Regulations. This is outlined in Section 122 of the Insurance (Vehicle) Act and supporting Regulations.

What is covered if a driver cannot work as a result of crash?

If a driver is hurt to the extent that they are unable to work, Enhanced Care will help them continue to cover their daily costs and bills, paying 90% of their net income up to $100,000 in gross income.

If they earn above $100,000 and don't have any other income replacement coverage (such as through their employer), they can buy additional optional coverage to top up the amount of wage loss replacement provided from the Enhanced Care benefit.

If the injured has some form of disability insurance from another insurance provider, such as WorkSafeBC, this insurance will be the primary for income replacement and top-up benefits. ICBC is the secondary source of coverage for income replacement and top-up benefits.

Can a lawsuit be filed in another jurisdiction for a crash that occurs in B.C.?

The Legislation and Regulation of the jurisdiction in which the crash occurs applies to the claim, not the normal residence of the claimant or the jurisdiction in which the claim is filed. Under enhanced Care, a lawsuit ban on most auto-related claims in B.C. will be in effect.

What proof is required for the benefits?

The appropriate proof required will differ depending on the benefit and the circumstances of the claim, which ICBC claim representatives will advise on.

ICBC will make coverage decisions based on the available medical evidence. The doctor or health care provider, that an insured chooses, will lead the insured's care. ICBC will work with the insured, their doctor and health care providers to provide access to the services and recovery benefits needed for as long as they are needed.

How is responsibility determined under Enhanced Care?

The way that responsibility is determined remains the same under Enhanced Care.

When a crash happens, ICBC will determine who was responsible so that it can still go on that driver's record, with the potential to impact their premiums. Drivers who cause crashes or drive dangerously are still held accountable under Enhanced Care .

For more information on how responsibility is determined please go to our Crash responsibility page on icbc.com.

Will customers still receive a letter advising them who was responsible for the crash?

Yes, ICBC will continue to send letters to customers regarding responsibility for the crash.

Can repairs start while responsibility is being determined?

Generally speaking, when a customer carries ICBC Collision coverage they do not need to wait for responsibility to be determined before getting their vehicle repaired.

What is the claims process for customers who carry optional insurance with a private insurer?

Under Enhanced Care, customers with private coverage will continue to report their claim to their private insurer.