NO FAULT / PART 7 BENEFITS

Everyone in British Columbia who purchases ICBC insurance obtains coverage for medical expenses, rehabilitation expenses and wage loss benefits regardless of who is at fault for an accident. These benefits, which also apply to family members, are termed “No Fault Benefits” or Part 7 Benefits.

HOW TO APPLY FOR PART 7 BENEFITS

To apply for Part 7 Benefits you must provide written notice to ICBC within 30 days of the accident, and detail the circumstances and consequences of the accident. The standardized form ICBC provides is the CL-22 form, titled “Insurance Claim Application” and can be filled in by the injured person, or someone on their behalf. However, ICBC’s standardized form is to assist ICBC challenge your personal injury claim. It is not recommended that you provide the details of the circumstances and consequences of the accident using ICBC’s standardized form. All that is required is a brief statement about the circumstances and consequences of the accident, and a note from your treating doctor confirming that you are unable to work, if that is the case.

THE BENEFITS ICBC IS REQUIRED TO PAY PURSUANT TO PART 7

When a person is injured in an accident, regardless who is at fault, a person is entitled to claim the following types of benefits, referred to as Part 7 benefits:

  • Medical benefits
  • Rehabilitation benefits
  • Wage loss benefits

EXCLUSIONS TO PART 7 BENEFITS

As with all ICBC’s insurance policies there are exclusions that limit the amount of compensation ICBC is required to pay out. Accordingly, there are exclusions to Part 7. The most common exclusion to Part 7 benefits is when a person has “secondary insurance”. Secondary Insurance is insurance provided by another insurance policy, or health coverage plan, which ICBC will claim must be used instead of Part 7 benefits. ICBC will also avoid paying Part 7 benefits if the claimant is eligible for workers’ compensation benefits (WCB), even if WCB has not been applied for. In some cases, ICBC will pay certain benefits that WCB does not, but this is a rare occurrence. If you were injured in an accident, consult a Bloom Law lawyer to make sure you fully understand the exclusions ICBC will claim to deny you adequate Part 7 compensation.

THE ICBC ADJUSTER’S DISCRETION

The amount of Part 7 benefits you are eligible to collect will be interpreted and decided by an ICBC adjuster. Unfortunately, not all ICBC adjusters see your needs in the same light, and depending on the specific ICBC adjuster, you may get less money than you are entitled to. There are many technicalities associated with Part 7 benefits, and it is advised that you retain counsel to make sure that the ICBC adjuster’s discretion does not short change you the Part 7 benefits and associate compensation you should receive and are rightly entitled to.

YOUR NEXT STEP

Contact a Bloom Law personal injury lawyer today to ensure that you receive all of Part 7 Benefits you are rightly entitled to. Call us at 604 603 5513 or submit a form here to set up your free claim consultation.