A BC resident cannot make an underinsured motorist protection claim (“UMP”) unless they can prove a number of things. First, that their injury claim exceeds the insurance coverage of the US insured who caused their injuries. Second, that the person who injured them cannot afford to compensate them personally. If the BC resident can establish these things, then they can settle their case in the US jurisdiction where they were injured and pursue the remainder of their claim in BC from ICBC by accessing their own UMP coverage. If ICBC will not agree to pay the injured person’s full damages, the person can commence an arbitration proceeding against ICBC. Arbitration is an alternative form of dispute resolution to the court system.
In order to protect your rights as a BC resident with UMP entitlement, your lawyer must establish liability in the jurisdiction where the accident took place and access the policy limits in that jurisdiction; and then your lawyer must be able to act for you in British Columbia to prove your damages in an UMP arbitration proceeding.
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