WHEREAS ICBC is no longer paying the full claims submitted by municipalities for vehicular damage done to municipal infrastructure; AND WHEREAS if the actual expenses are not fully recovered, the remainder will be borne by the municipal tax payers: THEREFORE BE IT RESOLVED that UBCM urge the Ministry of Transportation and Infrastructure to direct ICBC to reimburse the full costs of damages caused by their insured drivers.
Ministry of Transportation Infrastructure Any motorist who causes damage to property is responsible for certain costs under the law. As their insurance company, ICBC has a contractual obligation to the motorist to only pay for those costs the motorist is legally obligated to pay. In this regard, ICBC has not changed how it handles claims, including claims involving municipalities. While there may be disagreements among the parties on what costs are recoverable from a motorist in a crash, ICBC continues to reimburse all reasonable costs of damages the at-fault motorist is responsible for under the law. ICBC is prepared to look at any claim where a municipality feels they havent been properly paid. If an agreement cannot be reached, the tort system in BC guarantees any party suffering a loss, including municipalities, the right to sue the responsible party in court to recover the damages. It is the courts who retain the ultimate authority to decide responsibility and award damages.