If are injured in a motor vehicle accident in British Columbia, you may be entitled to a claim for Part 7 Benefits from ICBC which are often referred to as Accident Benefits or No Fault Benefits.
Part 7 Benefits are considered “secondary” to other insurance schemes. This means that if you have other insurance that provides funding for the same items, then that other insurance is considered primary and is required to pay. Accordingly, ICBC can refuse payment on that basis and deny the claim for Part 7 benefits.
Part 7 Benefits are medical and rehabilitation benefits payable by ICBC regardless of whether you are at fault or not at fault for the accident. This is unlike the claim for compensation (damages) which is only available if you are not at fault. There are different types of Part 7 Benefits and which ones you are entitled to will depend on the nature of your injuries, rehabilitation needs and recommendations of your medical team.
Medical benefits relate to “reasonable”and “necessary”expenses for therapy and medication recommended by a physician. ICBC does not pay for the entire cost of these expenses, but rather it provides partial funding. Examples of medical benefits include prescriptions, physiotherapy, active rehabilitation, chiropractic treatment and massage therapy.
Rehabilitation expenses include a variety of services and items that a doctor considers necessary and “likely to promote the rehabilitation”of your motor vehicle accident related injuries. Examples include home alterations, wheelchairs, transfer aids and home care.
Disability benefits, which are called Temporary Total Disability Benefits or TTD Benefits, are available if you are injured and your injuries prevent you from working. There are stringent eligibility requirements imposed by ICBC before these benefits are payable including when your disability starts, how long its lasts for, your employment status and your earnings in the previous year.
Homemaker Disability Benefits
Homemaker disability benefits provide funding for the cost of a housekeeper who is not a family member to full-time homemakers whose injuries prevent them from performing their usual housekeeping duties.