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Vancouver ICBC Accident Part 7 Benefits

Vancouver ICBC Accident Injury Part 7 Benefits

Vancouver drivers have a love affair with their cars. Vancouver drivers also face some of the heaviest congestion in North America and hundreds of ICBC car accidents and ICBC personal injuries occur in British Columbia each year.

Vancouver drivers suffering a personal injury can claim both fault and no fault part 7, Part VII ICBC benefits. The area is complex and ensure you hire a lawyer right away to avoid costly mistakes.

Car injury victims know to call the police, seek medical help and exchange information. Vancouver personal injury victims all know they should report their accident to ICBC (Insurance Corporation of British Columbia) about an accident, but very few injured parties know what damages a person injured in a car accident can claim and how to make a claim.

No fault Part 7 Benefits ICBC Injury lawyer Ling Jiang

No fault Part 7 Benefits ICBC Injury lawyer Ling Jiang

Generally, you can make two types of claims, and receive the relevant award corresponding to your claim:

  1. Tort Claim; and
  2. Part 7 Benefits also called no fault benefits claim.

A tort claim is made when the car accident was not caused by your own fault, and you are entitled to proper compensation for your pain and suffering, lost wage, medical cost, future care, and future earning loss.

Part 7 benefits claims can be made regardless of whether you were at fault in the car accident. Since this claim is little known to the general public, this blog offers readers some basic knowledge.

Overview

Usually, the party who caused the car accident is fully or partly liable for the loss to the driver who was blameless. However, the at-fault party is also entitled to apply for certain benefits to ICBC although the at-fault party cannot claim compensation for pain and suffering and other damages. Since these benefits are available to all parties regardless of fault, they are referred to as “no fault” benefits. These car injury benefits are listed under Part 7 of the BC Insurance (Vehicle) Act, such benefits are also called Part 7 Benefits.

It is important especially for the innocent injured party to claim these benefits from ICBC, because when that party succeeds in the tort claim, the court will deduct from the final award the Part 7 benefits the injured party did not claim or receive.

You cannot rely on ICBC to inform you of your Part 7 rights as they are not obligated to do so. Therefore, you must be careful and mindful of its requirements on reporting procedures and strict limitation periods:

Part 7 Benefits

Any party injured or died from a car accident can receive the following benefits:

  1. If the party was employed before the car accident, but is temporarily disabled due to the injury, he can receive 75% of average gross weekly earnings up to $300 a week notwithstanding you have other CPP benefits;
  2. If the injured party is a homemaker who cannot regularly perform most of the insured’s household tasks, can receive up to $145 a week to hire a substitute caretaker;
  3. Medical or rehabilitation benefits; and
  4. Funeral expenses and death benefits.

Reporting procedure and limitation

Unlike the tort claim, which requires the party to start a court proceeding within two years from the date of a car accident, a Part 7 benefits claim imposes different steps and limitation periods.

After an accident has occurred, the party must

  1. Give prompt notice to ICBC of the accident;
  2. Provide a written report within 30 days of the accident; and
  3. Provide a proof of claim on the ICBC claim form and 90 days to file a proof of claim (CL-22 Accident Benefit Claim form); and for Part 7 no-fault accident benefits, you have two years to commence a lawsuit after the accident or the last payment under Part VII by ICBC, whichever is later.

Contact our lawyers immediately to receive caring and tireless advocacy to protect your rights. We can be reached toll free across BC at 1-877-602-9000.



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