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If you were injured in a motor vehicle accident and qualify for Part 7 benefits with ICBC (“no-fault benefits”), you may be entitled to the following:
1. Medical Benefits
Section 88(1) of the Insurance (Vehicle) Regulations (the “Regulations”) requires ICBC to pay “all reasonable expenses incurred by the insured as a result of the injury for necessary medical, surgical, dental, hospital, ambulance or professional nursing services, or for necessary physical therapy, chiropractic treatment, occupational therapy or speech therapy or for prosthesis or orthosis”.
Although section 88(1) is seemingly broad, ICBC has established policies that limit the payment of such medical benefits. Typically, ICBC will only pay for treatments immediately following the accident, and will only pay for a limited number of treatments. ICBC will not generally pay the “user fee” charged by most treatment providers, which typically amounts to $30 per treatment. Alternative medicine expenses, such as acupuncture and naturopathic remedies will not usually be paid.
2. Rehabilitation Benefits
Section 88(2) of the Regulations requires ICBC, where provision is likely to promote the rehabilitation of the insured, to provide or pay for a variety of treatments or items.
These items include at-home care by a nurse or attendant, wheelchairs, braces, where someone is rendered reliant on a wheelchair or is unable to maneuver around their home, alterations to a home, and, where a person is unable to use public transport, the purchase of a motor vehicle. Despite the broad language used in the Regulations, ICBC generally interprets the provision very narrowly and in practice, is not likely to pay out for these expenses in most circumstances.
3. Wage Loss Benefits
Section 80 of the Regulations requires ICBC to pay wage loss benefits if an injury prevents a person from working because they are “totally disabled”. Total Disability Benefits (“TTDs”) are payable where a person was employed at the time of the accident or had worked 50% of the year before the accident. TTDs are not payable where EI benefits are available – EI benefits must be exhausted for TTDs to be payable.
ICBC will pay up to $300 per week (unless the optional additional Part 7 coverage was purchased), and is calculated at 75% of the person’s average weekly earnings in the year before the accident.
An injured person who is unable to do their job is entitled to receive TTDs for up to two years following the accident, after which, they are entitled to receive TTDs only if they are unable to do any job that would be suitable based on their age, education and experience, and are only payable until age 65.
4. Homemaker Benefits
Section 84 of the Regulations provides benefits to a homemaker who is not able to perform most of their household tasks. The benefits will pay for the expense of someone, who is not a family member, to do the housework for a period up to 104 consecutive weeks. The maximum coverage available is $145 per week.
Experienced injury lawyers, such as those from League & Williams, can provide you with the quality legal advice and representation you need to help you recover from any injuries suffered in a motor vehicle accident.
Making a Personal Injury Claim. Cbabc.org.
Should I hire a personal injury lawyer to help with my ICBC claim? Icbcclaiminfo.com