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Photo by Igor Djokovic, camping above San Juan river, Arizona USA

I haven't been everywhere...
but it's on my list!


Photo by Igor Djokovic,
camping above San Juan river,
Arizona USA



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  • 1 Post By Grant Johnson
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  #1  
Old 26 Nov 2022
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New Twist in US/Canada Insurance

I don't know how seriously to take this, but I figured I'd pass it on. My local paper--never the highest quality--is running an article saying that the rules have changed for US drivers in Canada. I have no idea whether this applies to other nationalities who are insured in the US. In fact, I'm not entirely sure what the article is actually saying, probably because neither is the reporter.

A couple of choice tidbits: "...insurance experts are reminding U.S. drivers that if they get into an accident while in B.C., they will no longer be able to make a claim against the at-fault driver’s insurance. Full auto insurance coverage is being strongly recommended for U.S. drivers after the recent adoption of B.C.’s recent Insurance Vehicle Act....Crucially, U.S. drivers will be responsible for paying for their own injuries or damages — regardless of who is at fault. Experts says knowing the risks and being prepared before going are important.

https://www.bellinghamherald.com/new...269224772.html

There is a paywall, but AFAIK you can read several articles free per month.
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  #2  
Old 27 Nov 2022
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What that really means is YOU or YOUR INSURANCE COMPANY pays. NO FAULT insurance - not your fault, but you pay anyway. In BC it's all one insurance company, and the idea is that there are no lawsuits for damages thus saving money.

I'll stop now before I start frothing at the mouth...
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Old 27 Nov 2022
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Maybe I actually DID understand, but it sounded so absurd that I couldn't believe it true.

So if a US rider OR a foreign national who purchased insurance in the US gets in an accident in Canada, they have to cover their own medical, transport, repair/replacement, court, and any other costs out of pocket? Even if the other party was at fault? Well then, what if I'M at fault--they can't collect from me or my insurance company? Fair is fair.

Unless, that is, I'm covered in some obscure manner, which would mean carrying some sort of optional policy which may or may not be available. Certainly it would go well beyond the required liability policy under which a lot of us operate--and I'm not sure it'll be available at all to the foreign nationals who frequently post wondering where they can purchase insurance in the US. My policies, which include a lot of optional coverage, don't address anything like this "no one is at fault" stuff--that'll only work if everyone's covered by the same company--or at least the same set of laws. Which I'm not.

But then again, neither are riders from other provinces, right?

I see what you mean about frothing.... Guess I'll call my agent on Monday.
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  #4  
Old 28 Nov 2022
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There's a very good explanation of it all here:
https://gowlingwlg.com/en/insights-r...tish-columbia/


The parts that matter to foreign travellers having an accident in BC:

First party accident benefit entitlement

Out-of-province auto insurers can expect a significant reduction in the third party tort claims pursued against policyholders arising from accidents in British Columbia on or after May 1, 2021 as a result of the amendments to the I(V)A. However, insurers may experience an increase in claims made by insureds for first party accident benefits arising from accidents in British Columbia on or after May 1, 2021.
Out-of-province auto insurers may be required to pay Accident Benefit coverage to the mandatory minimum limits in British Columbia, whether or not the policy wording provides any First Party Personal Injury Protection ("PIP") coverage or not. This can arise where:
  • The jurisdiction in which the policy was issued has enacted legislation requiring auto insurers to reform their policies to accord with the laws of the jurisdiction in which the accident occurred;
  • If the insurer has been issued a Business Authorization in British Columbia, which contains the requirement that all coverages be reformed as a condition of doing business in British Columbia;
  • The policy contains a provision that requires the insurer to pay higher benefits where required to do so by local laws of the place where the accident occurs; or
  • If the insurer has filed a Canada Non-Resident Inter-Province Motor Vehicle Liability Insurance Powers of Attorney and Undertaking in the new form introduced in 1988.
If any of the foregoing apply, insureds from out-of-province who are involved in motor vehicle accidents in British Columbia are entitled to Accident Benefits up to the prescribed British Columbia minimum limits, whether the insured has purchased PIP coverage or not.
Priority of coverage

A driver, and any passenger(s) in their vehicle, may be entitled to Accident Benefit coverage from ICBC for motor vehicle accidents occurring in British Columbia on or after May 1, 2021 even if they are not a British Columbia resident or an ICBC policyholder.
However, ICBC coverage is secondary to any other applicable insurance policies to the extent of the alternative coverage available. If a person is entitled to Accident Benefits under an auto insurance policy issued by an out-of-province insurer, that coverage is primary with respect to Accident Benefits to which they are entitled regardless of whether they are also entitled to Accident Benefits from ICBC


...

Considerations for out-of-province auto insurers

The new amendments to the I(V)A and associated Regulations have barred tort claims arising from motor vehicle accidents in British Columbia on or after May 1, 2021 in all but very limited circumstances. Out-of-province auto insurers can, accordingly, expect a significant reduction in third party claims and lawsuits against insureds arising from motor vehicle accidents in British Columbia.
However, there will probably be an increase in the number of first party claims made by insureds.
Out-of-province auto insurers should be aware of the limited circumstances when tort claims arising from motor vehicle accidents in British Columbia occurring on or after May 1, 2021 may still be pursued against an insured, whether an insured is entitled to enhanced accident benefits to the British Columbia minimum and how to determine entitlement and calculate enhanced accident benefits.
Should you have any specific questions about this article or would like to discuss it further, you can contact the authors or a member of our Insurance and Professional Liability Group.

Basically you're ok, and mostly you just can't sue.


There's been a lot of kickback on this, and a lot of people are pissed, but we're stuck with it for now.
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  #5  
Old 29 Nov 2022
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No fault does not mean that the victim party does not get a payment to help cover damage and injury , in effect " having no insurance "
What "no fault " comes down to is that non-BC residents from the USA or other provinces need to have liability insurance that is recognized in BC and then if one has an accident not their fault , the insurance companies between them arrange restitution to the innocent party . The idea is to cut out the lawyer class opening up lawsuits that will clog the courts and waste everybody's time .
Ontario too has a no-fault sort of setup . In 2001 I was involved in a crash on a motorcycle when a woman ignored a stop sign to make a left turn across my path .I was lucky to make a glancing blow to the rear corner of the car and went flying resulting in only bruises and a scrape . Still , the bike was written off ,total loss .My insurance paid me replacement value and then dealt with the other company to recover their money . I was not involved in any litigation , no lawyers and fees to deal with , no time wasted at courts .
I suspect that the US companies that sell insurance to people who will travel to BC and Canada in general will be aware of these things, and able to work it out . It is the drivers/riders who still insist on not buying insurance who will find the bigger problems ,which they would always have had before . And lawyers might complain at a decrease in business .
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  #6  
Old 29 Nov 2022
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Wink A little humour to be taken with a grain of salt!

Quote:
Originally Posted by markharf View Post
rules have changed for US drivers in Canada
Could it be that the Canadians have finally taken their revenge on their neighbours' antics?
As in Mount Rushmores' view from the Canadian side?

Last edited by Toyark; 20 Apr 2023 at 16:59.
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  #7  
Old 29 Nov 2022
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Note that liability insurance is ABSOLUTELY REQUIRED in Canada. If you're caught without proof of insurance WITH YOU the bike will be instantly towed and impounded and you're liable for a significant fine. Carry your drivers licence at all times when driving too.
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