A Layman's Guide to ICBC Part 7 Benefits

• History of No-Fault / Part 7 Benefits
• Who is Entitled to No-Fault / Part 7 Benefits?
• What Things are Covered or Provided under Part 7?
• How to Apply for Part 7 Benefits
• Part 7 Benefits - Injury
• Part 7 and WCB Coverage
• Part 7 Benefits - Death
• Does ICBC get Credit for Part 7 Benefits Paid?
• If ICBC Refused to Pay Part 7 Benefits,
  What Can I Do?
• Who at ICBC Handles my Part 7 Claim?
• Can ICBC Insist that I see a Doctor of their Choice?
• Can the ICBC Adjuster Insist that I take Certain Treatment?
• Further Questions?
• Appendix

How to Apply for Part 7 Benefits:

There is a significant difference between what the law requires be done to apply for Part 7 benefits and what most ICBC adjusters want to see happen.

The law requires that ICBC be given notice of the claim for benefits promptly after an accident. Regulation 97 requires that, within 30 days of the accident, written notice be given providing “particulars” of the accident circumstances and the “consequences” (the injuries or death) of the accident. If the notice is given later than 30 days, there is usually no problem unless the delay has harmed ICBC in some way. Usually ICBC is notified of an accident immediately by one of the motorists involved.

ICBC has developed a form called “Accident Benefits Application Form” which is generally used to provide the required information of the accident and of the injury or death. A current copy of this form is contained at Tab B. The required notice does not have to be given by the injured person.

What ICBC generally requires, but what is NOT REQUIRED to be provided is:

• a signed statement covering all of the accident circumstances, and
• signed authorizations to obtain medical and wage loss information.

Copies of the current authorizations used for this by ICBC are contained at Tab C.

The signed statement is intended almost totally to assist ICBC in defending a personal injury or death claim; it is not needed or intended to determine whether a person is entitled to Part 7 benefits. For example, it does not matter in a Part 7 claim if a person was or was not wearing a seatbelt because Part 7 is paid regardless of fault – but that is almost always canvassed in the signed statement. Similarly, other matters that deal solely with fault are canvassed in this signed statement.

IT IS NEITHER NECESSARY NOR A GOOD IDEA TO PROVIDE ICBC WITH A SIGNED STATEMENT TO OBTAIN PART 7 BENEFITS.

The medical authorizations and the wage/employment authorizations are again intended more for use by ICBC in defending an injury or death claim that in determining if a person is entitled to Part 7 benefits.

WHILE ICBC IS ENTITLED TO INFORMATION ON THE INJURIES SUFFERED AND THE INCOME LOST, IT IS NEITHER NECESSARY NOR A GOOD IDEA TO SIGN THE MEDICAL AND WAGE/EMPLOYMENT AUTHORIZATIONS.

Usually, a brief report is required from one of the treating doctors to confirm that a person is unable to work. The injured person is always entitled to a copy of this form from ICBC or their doctor.