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ICBC Claims - A. W. McGarvey Law Office

When you or a loved one has been injured in a car accident, through no fault of your own, you should obtain legal advice to secure your entitlement to treatment, rehabilitation, an injury award, and any income loss benefits.

An injury may result in pain, suffering, increased expenses, and a disruption in your ability to work or carry out your day-to-day activities. ICBC is required to pay for your treatment and rehabilitation. If you are unable to work as a result of your accident injuries, you may be entitled to full recovery of your lost income (paid at later date) and you may be entitled to “income loss benefits” paid weekly. These and other benefits are set out in Part 7 of the Insurance (Vehicle) Regulations of your insurance contract (through ICBC). All of your benefits under Part 7 of these Regulations are referred to interchangeably as your “Part 7 Benefits” or “Accident Benefits” or “No Fault Benefits”.

Which Part 7 Benefits you are entitled to, and when they are payable to you, is often a source of confusion and frustration. For example, you are immediately entitled to “mandatory” medical and rehabilitation benefits, and may be entitled to some “permissive” medical and rehabilitation benefits. Mandatory benefits and permissive benefits are defined in Part 7, and only a portion of the treatment costs are “immediately” reimbursed to you, unless you seek to recover the remainder through a (delayed) civil (tort) claim against ICBC or ICBC via the other motorist.

It is important to seek legal advice as soon as possible because there are deadlines you must meet in order to preserve your Part 7 benefits. For example, it is best to report your claim to ICBC within the first 24 hours following the accident. If at all possible, you should seek legal advice before having any contact whatsoever with ICBC, including your initial reporting of your claim as every word you ever say to ICBC will be used against you in your claim.

Other deadlines you must meet in order to preserve your entitlement to benefits include: (1) providing a written statement to ICBC no more than 30 days after the accident setting out the accident details and its consequences; and (2) within 90 days from the date of the accident completing and submitting proof of your claim to ICBC by completing their form known as a CL22.

In addition to the deadlines set out in the Part 7 Regulations, you may have up to two years from the date of your accident to commence a civil (tort) claim against the other driver for compensation. You should always seek direct legal advice for any limitation period which may affect you, including those set out above.