Icbc insurance--liability and false statements

Hi, Background-- 2 vehicles involved.  Both insured.  Vehicle 1) 100% at fault: No collision, $1 million liability.  Vehicle 2) 0% fault, collision, $2 million liability. Question: If vehicle 2 could be proved to, fraud or false and misleading statements what options for recovering of damages does vehicle 1 have?  Why I ask is, if driver of vehicle 2 whom had consent to use the vehicle is not true and registered owner is the driver.  We could just let all statements stand and get determination of fault in court. Brian

Asked almost 4 years ago in Ontario
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Answer by Erik Magraken

British Columbia lawyer

If an insured misrepresents who the principle operator of a vehicle is when insuring with ICBC they can be found in breach of their policy of insurance and lose their contractual benefits. Here is a link to an article I authored on this topic:
http://icbclaw.com/blog/icbc-insurance-claims-principal-operators

This, however, is of no benefit to an at fault motorist. In other words, if vehicle #2's driver has breached his/her policy of insurance that does not make them liable for vehicle #1's damages and losses. Vehicle #2 would still need to be found liable, in whole or in part, for the collision before any damages were payable to the other motorist.

A court determining the issue of liability would not be interested in issues of insurance coverage or whether there is a breach of insurance. In personal injury trials the pleadings usually limit matters to issues of who was at fault for the collision (liability) and what the injuries and losses are (damages).

Posted almost 4 years ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Erik Magraken, or search the Lawyer Directory.

Comment

Thanks Erik This may mean the same as ICBC Insurance Claims and the Duty to Disclose the Principal Operator but, I meant, the driver stated on the Police Report and ICBC Statement is not the actual driver.  Am I still in the same boat as previous explanation.  I read the adjuster notes and engineer notes.  It's clear to me ICBC already knows someone else is the driver other the person named on the Police Report and ICBC Statement. Brian

Posted almost 4 years ago

Answer by Erik Magraken

British Columbia lawyer

You're welcome Brian.

Regardless of who was driving the other vehicle or whether or not the other driver was not forthcoming about his / her identity does not address the issue of fault.

For there to be any compensation in tort by the at fault motorist the other driver would have to be at least partially responsible for the crash.

Yours truly,

Erik Magraken

Posted almost 4 years ago

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