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ARTICLE · 22 OCTOBER 2021

No Fault Insurance For Auto Accidents In British Columbia

Gowling WLG
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Recent legislative changes in British Columbia have introduced a no fault model for auto liability claims arising from motor vehicle accidents that occur in British Columbia on or after May 1, 2021.

CanadaLitigation, Mediation & Arbitration

Recent legislative changes in British Columbia have introduced a no fault model for auto liability claims arising from motor vehicle accidents that occur in British Columbia on or after May 1, 2021. The changes have significant implications for out-of-province auto insurers.

Summary of no fault in British Columbia

Amendments to the British Columbia Insurance (Vehicle) Act  [RSBC 1996] Ch 231 (the "I(V)A") remove the right of an individual to sue for personal injuries and vehicle damage caused by a motor vehicle accident in British Columbia on or after May 1, 2021 in all but very limited circumstances.

Coinciding with these changes are significantly increased statutory first party accident benefits for medical, rehabilitation and income replacement benefits as well as new benefits for non-earners, caregivers and permanent impairment compensation for those with a permanent impairment or a catastrophic injury.

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