Part 7 of the Insurance (Vehicle) Act Regulations requires ICBC to pay benefits to car accident victims and their families in the event of required medical or rehabilitation treatments, total disability, or death. These benefits are payable regardless of the determination of fault. ICBC might not inform you of your Part 7 benefits; it is worthwhile to have a lawyer assess your potential compensation, and to assist you in recovering the money you are due.
Applying for Part 7 Benefits
Applying for your Part 7 entitlements is essential. There is a Notice and Limitation time period by which Part 7 claims must be made. Failure to apply within that time period means that you will be prevented from making any claim on these monies in the future (even if you qualify for them). Further, if you do not apply for your Part 7 benefits, be aware that there will be a mandatory monetary reduction from your final payout equal to the amount you would have received under a Part 7 claim, had you applied. This is your money, and you are entitled to it. We can help you secure your claim within the limitation period.
Wage Loss & Homemaker Disability Benefits
Victims may be entitled to wage loss benefits in the event that they cannot work. The coverage is the lesser of $300 per week, or 75% of the insured victim’s average gross weekly earnings. ICBC is not required to, and usually will not, pay these benefits without legitimate proof of employment and disability as a result of the accident.
Homemakers are also entitled to these insurance payments. This compensation can be up to $145 per week, and is bound by the same evidentiary requirements of medical disability.
Medical Treatment Benefits
ICBC must pay the MSP portion of any medically required treatment costs resulting from your accident. These treatment costs must be proven to be legitimately necessary, which means that an approved, licensed medical professional (a physician, dentist, physiotherapist, or chiropractor) must examine you and prescribe these treatments, in order to submit your claim. In some cases, this health practitioner may be selected by ICBC.
Interpreting your rights and entitlements can be very difficult. A comprehensive discussion of your particular situation is always in your best interest. We are here to help. If you have questions regarding any of these claims issues, contact Recovery Law Corporation for a free consultation.