PART VII BENEFITS
Regardless of who is at fault for a collision, you may be entitled to benefits under Part VII of the Regulations to the Insurance (Motor Vehicle) Act of British Columbia if you are injured or killed in an accident that arose out of the use or operation of a motor vehicle.
These benefits include (i) medical and rehabilitative benefits (ii) disability benefits for employed persons and homemakers and (iii) death benefits (funeral expenses and other benefits for survivors).
In order to be entitled to these benefits you must be an "insured" in accordance with the Regulations, meaning you must be (i) an owner of a vehicle (ii) a member of a vehicle owner's household (iii) an occupant of a vehicle licensed in British Columbia or an occupant of a vehicle not required to be licensed in British Columbia but driven by a person with a British Columbia driver's licence (iv) a cyclist or pedestrian who collides with a vehicle described in an owner's certificate (v) a resident of British Columbia who is entitled to bring an action for injury or death under the Insurance (Motor Vehicle) Act Section 20 uninsured motorist provisions or Section 24 hit and run provisions (vi) a personal representative of a deceased insured, or (vii) a resident of British Columbia who holds a driver's certificate and members of his or her household.
A person can claim Part VII benefits by promptly giving notice of the accident to ICBC, giving a written statement describing the accident within 30 days of its occurrence, providing ICBC with a proof of claim within 90 days of the date of the accident.
To claim disability benefits, a person must have been employed or actively engaged in an occupation for wages or employed actively in an occupation for wages or profit for any six months during the 12 month period immediately preceding the date of the accident.
If you have further questions about the Part VII benefits that you may be entitled to you may contact our Vancouver Law Offices at 604-684-0040 for a free consultation.