Benefits provided under Part 7 of the Insurance (Vehicle) Regulation, often referred to as “Part 7” or “no fault” benefits, are available to any insured persons injured or killed in a motor vehicle accident, as well as, in some circumstances their families. These benefits are available regardless of whether the individual applying for them was at fault for the accident. The types of benefits available include the following:

Reasonable medical expenses incurred as a result of the injury, such as surgical, hospital and ambulance expenses, rehabilitation expenses, and expenses for the purchase of necessary medical equipment such as wheelchairs or power beds, as well as additions to one’s home such as wheelchair ramps, to a maximum of $150,000

Disability benefits for individuals who cannot work as a result of their injuries, in the amount of 75% of their pre-injury earnings, up to a maximum of $300 per week

Death and funeral benefits for the family members of an individual who has passed away, in amounts varying between $500 and $5000

Much of the same compensation may also be recoverable in a lawsuit brought by an injured party against the party that caused the accident (the “tort claim”). However, if an individual is entitled to Part 7 benefits as a result of an accident, these will be subtracted from any award that individual receives in the tort claim, regardless of whether that individual has applied for or actually received the Part 7 benefits. Failing to apply for Part 7 benefits can thus result in significant losses, sometimes running into the hundreds of thousands of dollars. It is thus crucial to apply for Part 7 benefits as soon as possible. In order to apply for Part 7 benefits an individual must take the following steps:

Provide ICBC notice of the accident as soon as possible after it occurs. This can be done either online or by phone through ICBC’s “Dial a Claim” Service.

Provide ICBC with a written report describing the circumstances of the accident within 30 days of the accident. This can be a brief one-page report setting briefly out how the accident occurred and the injuries they suffered.

Provide ICBC with a completed proof of claim form within 90 days of the accident. This is a brief one-page form setting out information including brief details regarding the applicant’s injuries, employment situation, and doctors they have visited.  The adjuster must provide an injured individual with this form, currently referred to as a “CL- 22.”

As discussed, failing to apply for Part 7 benefits in a timely manner can result in substantial losses to an individual’s tort claim. If you have been injured an accident it is important that you take all the steps necessary to apply for Part 7 benefits in order to protect the value of your claim. A personal injury and ICBC lawyer can help ensure you follow the appropriate procedures and ensure you receive the full compensation you are entitled to. For a free consultation please call BisLaw at 1-855-924-7529.