Part 7 benefits, also known as “no-fault” benefits, are provided to an Insured in BC based on no analysis of fault. Benefits prescribed under Part 7 of the Insurance (Motor Vehicle) Act of BC provides benefits for people killed or injured in Canada or the US in accidents arising out of the “use or operation” of a motor vehicle.
What this means for your Personal Injury claim is that regardless of a fault analysis, and subject to some exceptions and forfeitures for certain proscribed behaviours, you will be entitled to claim the following benefits as long as injury is a result of the “use of operation” of a motor vehicle:
- Medical and Rehabilitation Benefits: These benefits typically cover expenses such as chiropractic treatment, massage therapy, physiotherapy, travel to and from medical appointments, the costs of medications and other rehabilitation expenses. The full extent of fees may or may not be covered.
- Wage Loss Benefits: You may be entitled up to $1200 per month in wage loss benefits if you become disabled from employment as a result of a motor vehicle accident.
- Homemaker Benefits: If you are a homemaker who has suffered injuries, you may be entitled up to $145 per week to compensate you during your period of disability.
- Death Benefits: These include certain funeral expenses and survivor benefits. Payment of funeral expenses up to a maximum of $2500 will be covered as long as the death was a result of the motor vehicle accident.
Note that for all foregoing benefits to be claimed, ICBC will require medical evidence to support the disability.
Do you have questions about an ICBC personal injury claim or accident? Contact one of Lindsay Kenney’s Motor Vehicle Accident and Injury lawyers to arrange an initial consultation.
This article is intended to be an overview of the law and is for informational purposes only. Readers are cautioned that this article does not constitute legal or professional advice and should not be relied on as such. Rather, readers should obtain specific legal advice in relation to the issues they are facing.
This article was written by a lawyer formerly with Lindsay Kenney LLP.