At Preszler Law, our experienced Vancouver accident benefits lawyers have extensive experience in pursuing ICBC injury benefits, commonly referred to as “Part 7 Benefits.” Part 7 benefits provide:
In order to receive Part 7 benefits, you must do three things: promptly report your accident to ICBC; provide ICBC with a written report describing the accident and your injuries within 30 days of your accident; and, provide ICBC with a proof of claim form within 90 days of your accident.
Before you talk to ICBC about your car accident claim, we recommend picking up the phone and calling one of Preszler Law’s experienced Vancouver car accident lawyers. It is important to know your rights before signing any documents or statements or giving ICBC access to your private information. Making a mistake could harm your chances of succeeding with a lawsuit. The lawyers of Preszler Law will teach you about your rights and handle all reporting steps to ensure that you are properly protected.
Who is entitled to Part 7 benefits? Generally speaking, anyone injured or killed in a car accident in BC is entitled to Part 7 benefits. BC residents travelling outside of BC may also be entitled to Part 7 benefits. Part 7 benefits are “no fault” benefits, meaning that you are entitled to benefits even if the accident was your fault.
What do Part 7 benefits cover? Part 7 benefits cover medical expenses, such as physiotherapy, medication, massage therapy, chiropractic care and counseling. They also cover rehabilitation expenses, such as attendant care, home modifications and occupational therapy. ICBC unfortunately does not generally pay for “user fees” charged by treatment facilities, which can cause some financial hardship.
What about lost income? Part 7 benefits cover some lost income (generally up to $300 per week) after the first week of a car accident. Income loss benefits do not generally start until after EI benefits have been pursued and exhausted, so it is a good idea to apply for EI benefits soon after a car accident. You are entitled to income loss benefits for the first two years after an accident if you cannot do your job and beyond that if you cannot do any job that you are reasonably suited for. Homemakers may also be entitled to benefits if they are unable to do their household work, generally at $145 per week.
Part 7 benefits also provide death benefits, including funeral expenses and in some cases financial assistance.
ICBC has the right, generally speaking, to send you to a doctor of their choice in order to prepare a report on your injuries and entitlement to Part 7 benefits. A Preszler Law lawyer can explain to you what the doctor can and cannot ask you about. ICBC can also cut off your benefits if you do not pursue recommended treatments. A Preszler Law lawyer can explain to you what treatments you need to undertake and fight ICBC for any benefits they unfairly cut off.
Part 7 lawsuits should generally be started within two years of the accident or else you may lose access to your benefits, even in the case of children. Speak with a Preszler Law ICBC lawyer today to make sure that your claim is protected.
If you would like to learn more about what Part 7 ICBC benefits you’re entitled to, or, if ICBC has denied your claim for Part 7 benefits, then call Preszler Law for a free consultation. One of our experienced lawyers will be more than happy to give you the legal guidance you need. Remember, you don’t pay unless we win!