Get Help from an ICBC Claims Lawyer

On April 1, 2019, the Government of British Columbia implemented significant changes to ICBC compensation and benefits. Under this new regime, if the proper medical and treatment steps are not taken by accident victims quickly, it may be difficult to get fair compensation for injuries. If you’ve had an accident and are dealing with an ICBC claim in the Lower Mainland, Spraggs Law can help.

As a leading ICBC claims lawyers in Coquitlam, we have the experience to review your case and advise you on the steps you should take when dealing with Insurance Corporation of British Columbia (ICBC) before making contact and accepting a settlement. If you entrust our personal injury and ICBC lawyers with your case, we will walk you through the process to pursue the Part 7 benefits that you are entitled to.

Part 7 or No-Fault Benefits

Part 7 “no-fault” benefits may be claimed through ICBC, regardless of who is at fault for the accident. In other words, even if you were fully at fault for causing the accident, you would, as an injured party, be entitled to Part 7 benefits.

Coverage under Part 7 benefits includes the following:

  • The cost of medication, medical treatment and rehabilitation (including transportation costs for appointments), up to maximum of $300,000;
  • Wage loss benefits (to the extent that they exceed coverage under Employment Insurance), up to a maximum of $740/week for a maximum of 104 weeks and only to claimants who were totally disabled from employment within 20 days of the accident;
  • Homemaker benefits for the help needed due to homemaker being injured (strict timelines apply);
  • Personal property damage (e.g., damage to clothing, glasses, footwear, bicycle in cyclist claims) up to $1000; and
  • Death benefits for the surviving spouse and children.

Many treatment providers, such as physio therapists and chiropractors, can direct bill ICBC for treatment. However, some do not, meaning the patient must pay the treatment provider and then submit the receipt for reimbursement to ICBC. New regulations require that these receipts be sent to ICBC within 60 days or they will not be covered.

Patients should also be aware that if a treatment provider is charging more than ICBC rates for treatment session, and if the accident occurred April 1st 2019 or after, any amount in excess of the ICBC rate will not be covered. Accident victims can no longer claim the excess amounts from the at-fault party. This means that if you do not have coverage through other benefits, you may be out of pocket for treatment costs.

All dates, receipts and records need to be kept to prove the amounts expended. If you’re unsure how to collect or document this information, an ICBC lawyer at Spraggs Law can assist you in Coquitlam and across the Lower Mainland.

Eligibility for Part 7 or No-Fault Benefits

Within the first twelve weeks of an accident (that occurred April 1, 2019 or after), you are pre-approved for a number of treatments, including:

  • Physiotherapy;
  • Chiropractic;
  • Massage Therapy;
  • Kinesiology/Active Rehabilitation;
  • Psychological Counselling;
  • Clinical Counselling;
  • Acupuncture.

After twelve weeks or when the number of pre-approved sessions is exhausted, in order to collect Part 7 benefits as part of your ICBC claim, you need to prove that you require the benefits as a result of the accident. This can be an area of dispute with ICBC, which is why people in the Lower Mainland find it helpful to retain a lawyer to assist with their ICBC claim.

Informing you of the treatments and costs you are entitled to and how to substantiate them is a key function of an ICBC claims lawyer. Without a lawyer assisting you, ICBC may not pay you for the coverage to which you are entitled.

Your personal injury lawyer can help to ensure your expenses are not denied by ensuring the medical proof needed to substantiate your claim is provided to ICBC.

Part 7 benefits are available to you if you:

  • Have an insurance policy with ICBC;
  • Live in a household with someone who has an ICBC insurance policy;
  • Were an occupant of a vehicle licensed in BC that was involved in collision; or
  • Were a cyclist or pedestrian who collided with a BC insured vehicle.

The team at Spraggs Law can help you determine if Part 7 benefits are available to you as part of your ICBC claim. Have questions about the ICBC claims process? Visit our frequently asked questions.