What Are ICBC Part 7 Benefits?
ICBC Part 7 benefits are awarded to those involved in motor vehicle accidents in British Columbia. They are awarded to all parties, irrespective of fault. They cover things such as medical and wage loss benefits, homemaking benefits, funeral expenses and death benefits.
No fault benefits
Part 7 benefits are also known as no fault benefits. This is because anyone can claim Part 7 benefits, even if they are wholly or partially responsible for causing the accident. This differs to vehicle damage claims and personal injury claims (tort claims) which can only be made if you are the innocent party.
Who is entitled to Part 7 benefits?
If you are injured in a motor vehicle accident in British Columbia, you can claim ICBC Part 7 benefits if you are –
- The owner of an ICBC insured vehicle, or you are a member of the insured’s household
- A resident of BC with a valid BC driver’s licence, or you are a member of the licensed person’s household
- An occupant of a vehicle licensed in BC
- An occupant of a vehicle that does not require a BC licence, but is driven by a BC licence holder
- A cyclist or pedestrian who is involved in an accident with an ICBC insured vehicle
- A resident of BC harmed in a hit and run accident or by an underinsured motorist
How much money will I get?
Part 7 benefits cover medical and rehabilitation costs, lost wages, the cost of transportation and homemaking services. If the injured person dies, their family is entitled to funeral expenses and loss of support benefits, known as death benefits.
The amount awarded in each is capped. The maximum limits were recently increased by ICBC. As of April 1 2019, you can claim –
- Up to $300,000 for medical benefits
- Up to $740 a week for wage loss benefits
- Up to $280 a week for homemaking benefits
- Up to $7,500 for funeral expenses
- Up to $30,00 for death benefits
However, there are rules over what is included in each category. The scope of medical treatments was recently widened so that you can now recover the cost of things such as counselling and acupuncture. Even so, not everything is covered.
Additionally, if you have any other insurance policies, the coverage must be exhausted before you are eligible for ICBC Part 7 benefits. For example, if you have private health insurance through your employment, you must use the benefits available under your policy first.
How to apply for ICBC Part 7 benefits
You are not automatically awarded Part 7 benefits. Instead, you must apply for them. To do this, you need to tell ICBC about the accident within 24 to 48 hours of the incident. You then need to submit a written statement within 30 days, and a proof of claim form within 90 days.
Your claim will then be assessed and you will be told whether you qualify for benefits. If you dispute the decision, the case can be heard by the Civil Resolution Tribunal (CRT).
Vancouver ICBC lawyers
To ensure you get the Part 7 benefits you are entitled to, contact us at John Mickelson Law Corporation. When we handle your case, we can advise what you are legally eligible to receive in terms of Part 7 benefits, and can make the application on your behalf. If ICBC denies coverage, we can fight the matter for you.
For help with your ICBC claim, either fill in the free online enquiry form or call us on 604 684 0040.Go back to Blog