ICBC ACCIDENT BENEFITS

ICBC ACCIDENT BENEFITS

Barapp Law Firm’s Vancouver lawyers have a tremendous amount of experience and expertise when pursuing ICBC injury benefits which are commonly referred to as “Part 7 Benefits”. These benefits are comprised:

• Medical benefits
• Rehabilitations benefits
• Income loss benefits
• Death benefits

In order to receive Part 7 benefits the following 3 steps must be taken:

• Report your accident to ICBC as soon as possible;
• Provide the ICBC with a written statement describing the accident and your injuries within 30 days of the accident;
• Submit a proof of claim form to the ICBI within 90 days of your accident;

 

Part 7 benefits are also referred to as “no fault” benefits which means that you are entitled to benefits regardless of who was determined to be at fault for the accident. Furthermore, residents of British Columbia who travel outside the province and get injured, may be entitled to Part 7 benefits as well.

Part 7 benefits cover medical expenses such as medications, rehabilitation treatments such as physiotherapy, chiropractic care and counseling. Additional expenses such as home modification, occupational therapy and attendant care are covered as well. Expenses known as “user fees” that are charged by the treatment providers are generally not covered which can put undue hardship on the injury victim.

Part 7 benefits also cover a portion of income loss which generally amounts to a maximum of $300 per week, after the first week of the accident. Generally, these benefits start only after the EI entitlements have been pursued and exhausted, which makes applying for EI benefits an important step following an accident. If you cannot return to your job and if you cannot do any other job that you are reasonably suited for, your entitlements to income loss will be in effect for the first two years following an accident. Homemakers may also be entitled to benefits at a rate of $145 per week in the event where they are unable to continue to do their household work

Part 7 benefits will also provide death benefits which include funeral expenses and financial assistance under certain circumstances.

It is important to know that ICBC has the right to send you to a doctor of their choice in order to obtain a report on your injuries which they will in turn use to determine your entitlements to Part 7 benefits. ICBC can suspend or cancel your benefits if you do not follow your recommended treatment plan. Generally, lawsuits under Part 7 should be started within 2 years of the accident or you may find your access to benefits denied.

When the pain and stress of the injuries sustained in the accident are compounded by the complicated, confusing and intimidating process of filing a personal injury claim in British Columbia, people tend to get overwhelmed which further delays their access to much needed medical treatment and rehabilitation.

The difference between knowing and not knowing your rights can mean having immediate access to treatment or being buried under confusing paperwork thus delaying your recovery and return to your pre-accident activities. An experienced personal injury lawyer can successfully navigate the system and represent you against the Insurance Corporation of British Columbia (ICBC) in order to investigate the facts, get to the truth and ensure that you receive maximum compensation for your injuries.