Section 136(b) of the Regulations to the Insurance (Motor Vehicle) Act, B.C. Reg. 447/83 voids insurance coverage for an insured who leaves the scene of a motor vehicle accident to the prejudice of the insurer. If the insured leaves the scene of the accident to avoid a breathalyzer test, the insurer is prejudiced, and the insured will not be insured for damages arising from the accident. In determining whether an insured has breached the insurance contract an adjuster may contact the police and enquire if charges are being contemplated against the insured.
Thornber v. Insurance Corp. of British Columbia, [2005] B.C.J. No. 114, British Columbia Court of Appeal