When making an ICBC claim it is important to be very careful in the information you provide, as often providing inaccurate information in your claim can lead to a denial of your coverage.
One of the most common bases through which ICBC denies claims is via Section 75 of the Insurance Vehicle Act, Section 75 states as follows:
Forfeiture
75 All claims by or in respect of the applicant or insured are invalid and the right of an applicant, an insured, or a person claiming through or on behalf of an applicant or insured or of a person claiming as a dependant of the applicant or the insured, to insurance money under the plan or an optional insurance contract, is forfeited if
(a) the applicant for coverage under the plan or the optional insurance contract
(i) to the prejudice of the insurer, falsely describes the vehicle in respect of which the application is made, or
(ii) knowingly misrepresents or fails to disclose in the application a fact required to be stated in it,
(b) the insured violates a term or condition of or commits a fraud in relation to the plan or the optional insurance contract, or
(c) the insured makes a wilfully false statement with respect to the claim.
In other words, ICBC will look to deny a claim where they are provided false or misleading information about the claim.
Although false statements have the requirement to be made willfully. If you provide untrue or misleading information about your claim even innocently, it may not appear from ICBC’s perspective to be done mistakenly and you place yourself at risk of losing coverage for your claim.
A frequent example of providing inaccurate information that can lead to a denial of a claim is with respect to the particulars of the vehicle itself. If for example, your vehicle is stolen or vandalized, the condition of the vehicle prior to the loss is essential to the claim. If you inaccurately report the condition or the mileage of the vehicle, ICBC will frequently rely on this information to deny your claim.
Further to this example, if your vehicle is stolen. ICBC will ask what the vehicle odometer mileage was prior to the theft. If the correct odometer reading becomes available later on and significantly differs from the number you reported, then ICBC will often deny the claim. This is likely to occur if the odometer representation was made innocently or to the best of your recollection.
It is important to be very cautious when reporting your claim and completing insurance forms. If you are facing an ICBC claim and would like to discuss the claim with a lawyer, please call our office at 604-685-8889 to talk to someone right away.