BENEFITS : “NO FAULT” (PART 7)

If you are injured in an accident, then pursuant to Part 7 of the Insurance (Vehicle) Regulation, you may be entitled to “no fault” benefits, or “Section 7” Benefits, under your insurance policy with ICBC, regardless of who was at fault for the accident.

 

This claim is separate and apart from your claim for personal injury damages against the third party or parties who injured you.

 

Who Can Claim For No-Fault Benefits ?

 

An “insured”, which is defined in Section 78 of the Insurance (Vehicle) Regulation, is someone who may make a claim for “no fault” benefits. The definition is quite broad, and encompasses the following:

 

• an owner of a vehicle that is insured with ICBC, and a member of this owner’s household
• an occupant of a vehicle licensed in BC
• an occupant of a vehicle not required to be licensed in BC, but which is driven by a person with a BC driver’s license
• a resident of BC who has a valid driver’s certificate, and a member of such a person’s household
• a cyclist or a pedestrian who collides with a vehicle described in an owner’s certificate
• a resident of BC who is entitled to make a hit and run or uninsured motorist claim
• a personal representative of a deceased insured

 

What No-Fault Benefits Can You Claim For ?

 

Such benefits can include medical care, dental care, surgery, rehabilitation, physiotherapy, massage, chiropractic treatment, wage loss compensation, specialized equipment, homemaker benefits, death benefits, and funeral benefits.

 

If you have permanent injuries, “no fault” benefits may also pay for costs such as attendant care, specialized aids, and vocational training, depending on your injuries.

 

A complete list can be found in Section 80 of the Insurance (Vehicle) Regulation, as well as Section 88 of the Insurance (Vehicle) Regulation.

 

There is a $150,000 limit for “no fault” benefits.

 

What Must You Do To Properly Make A Claim For No-Fault Benefits?

 

Pursuant to Section 97 of the Insurance (Vehicle) Regulation, an insured must:

 

• promptly notify ICBC of the accident
• provide a written report to ICBC within 30 days of the accident
• provide a proof of claim to ICBC within 90 days of the accident

 

Failure to perform one of these steps may result in the loss of your right to make a claim for “no fault” benefits.

 

It is important to note that if you have the right to make a claim for “no fault” benefits, but you choose not to, then the amount of such benefits can be deducted from the amount of your personal injury damages, even if you never received any “no fault” benefits at all. Thus, it is very important to apply for “no fault” benefits. Please click here for court cases addressing this issue.

 

In some situations, ICBC will not pay you any “no fault” benefits, in which case you need to commence legal action to try to force payment, or to preserve your right to seek such benefits at a later date in order to prevent a possible deduction. Contact Veale Law today to discuss any questions you may have about your entitlement to “no-fault” benefits.

 

HOW WE CAN HELP

 

At Veale Law, we offer you a free consultation to discuss your case, and to advise you of your legal rights and obligations. For a free consultation, call us 24 hours a day at either 604-685-2833 or toll free at 1-855-685-2833, email us at info@vealelaw.com, or fill out our free consultation form on the right.

 

We also offer you a legal contingency fee of 20%, the lowest in the province of British Columbia for a motor vehicle accident. On an average ICBC injury claim, this can save you thousands of dollars. If you have an existing offer from ICBC, and would like us to finalize your matter for you, you will not be charged a fee on the amount of your existing offer from ICBC, and our fee will only be based on any amount recovered in excess of your current offer. You don’t pay us anything up front, you don’t make any payments along the way, and you don’t pay us anything until we resolve your ICBC injury claim for you. In reality, no money ever leaves your pockets, as our fee comes out of the settlement money. For your convenience, home and hospital appointments are also available.

 

We also serve clients throughout British Columbia, whether you are a resident of British Columbia, or a non-resident of British Columbia, that have been injured in a motor vehicle accident in British Columbia.

 

There are many benefits to having Veale Law represent you:

 

• Protection of your legal rights
• Explanation of your legal obligations
• Dealing with ICBC on your behalf
• Payment of disbursements on your behalf
• Explanation of what damages you can claim
• Maximization of the value of your injury claim

 

If you elect to have Veale Law represent you, we will do so with passion and dedication. We keep fully abreast with the current case law. We will apply our legal knowledge, experience, and skills to the facts of your case in order to achieve the best possible result for you. ICBC has trained adjusters and experienced lawyers representing their interests. You need someone to protect yours.

 

We look forward to serving all your personal injury needs, and to getting you the justice that you so rightly deserve. Contact Veale Law now.