Even if you are entirely at fault for an automobile accident, or you have had a single vehicle accident, you may be entitled to benefits under your ICBC policy often referred to as “Part-7 benefits,” which are not based on fault. This claim is based on your vehicle’s insurance as opposed to another driver’s, and may be available to someone injured in a car accident or the estate or family of someone killed in a traffic accident. ICBC “no fault” benefits include compensation for medical and rehabilitation expenses, income replacement for total disability, and death benefits. The process of applying for these benefits can be complicated, with mistakes or inaccuracies in the information you provide seriously compromising your claim.
At Mulligan Tam Pearson, our lawyers can guide you through this process and represent you if your claim for Part-7 benefits is partially or totally denied by ICBC. If you have been involved in a serious motor vehicle accident in British Columbia or anywhere in the province or other parts of the country, we can help you seek Part-7 no fault benefits even if the accident was your fault.
ICBC Part-7 no fault benefits are available to anyone who qualifies as an “insured” under your ICBC policy. The definition of an insured is broad and includes:
- Vehicle owner
- Anyone in the owner’s household
- Any occupant of a vehicle licensed in BC
- Any occupant of a vehicle not required to be licensed in BC but driven by a driver with a valid BC driver’s license
- Cyclist/Pedestrian involved in collision with a vehicle described in an owner’s certificate
- BC resident involved in a hit-and-run accident or with uninsured motorist
- Resident of BC with valid driver’s certificate and those in one’s household
- The representative of the estate of someone killed in a car accident
If you have ICBC coverage, you may receive both medical and rehabilitative benefits. The objective of the benefits is to restore a person to the highest level of self-sufficiency through gainful employment as quickly as possible. Under most circumstances, the maximum allowable rehabilitative benefits is $150,000, which may cover such things as physiotherapy, chiropractic care, cost of commuting to treatment sessions and similar related care.
In certain situations ICBC no fault benefits will also cover income replacement if your auto accident injuries leaves you disabled from employment. These benefits may be the lesser of $300 per week or 75% of your average gross weekly earnings. You will typically need to provide certain supporting documentation to receive income replacement. The lawyers at Mulligan Tam Pearson can help you establish your eligibility for these disability benefits. Even if you do not work outside the home, you may be eligible for homemaker disability benefits of up to $145 per week.
There are strict time limits and procedures that must be followed in filing a successful claim for Part 7 no fault benefits under ICBC. There are also reports and disclosures that must be provided to ICBC. However, ICBC may also ask for items that you are not required to provide such as broad authorizations to obtain information from your employer and doctors. There are a number of mistakes that can have a negative impact on your claim including:
- Missing a deadline
- Signing overly broad authorizations granting access to medical or employment information
- Errors or omissions in information that you provide in statements to ICBC
The lawyers at Mulligan Tam Pearson will assist you through this process to help you meet all requirements and receive fair compensation. We can also help you try to obtain ICBC Part 7 benefits if you are denied. It is important to seek Part 7 benefits because if you are entitled to such benefits and do not obtain them, they will be deducted from any later personal injury claim. If you have been injured in a motor vehicle accident in BC, Mulligan Tam Pearson can help make sure you obtain the Part 7 no fault benefits you are entitled to receive. Call (250)480-4040 today for your free no obligation initial consultation.