| Click on the links to get to a section. Prepared for MADD This guide was initially prepared in February, 2005 at the request of MADD to provide a layman’s guide to ICBC No-fault/Part 7 benefits; it was updated in February 2006. The information contained in this guide will outline the process to apply for these benefits and the type and amount of benefits available to an injured person and/or to the family of an accident victim. |
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Part 7 and WCB Coverage: Regulation 82 states that ICBC is not liable to pay any Part 7 benefits if the injured person, or the family of someone killed in an accident, is entitled to WCB coverage – even if the person or family elects not to claim WCB. The one exception to this rule is if the Part 7 coverage would supplement WCB by paying for things that WCB will not, which is possible but uncommon. For example, if an individual is left unable to take public transport, ICBC usually provides funds for the purchase of a motor vehicle. If WCB does not provide funds for this, then the Part 7 coverage should be available, as well. Additionally, the British Columbia Supreme Court in a 1993 case called Collins v. ICBC held that where WCB has terminated a claim (that is, refused to pay further benefits), the injured person can then turn to his or her ICBC Part 7 coverage and ICBC is obliged to pay. In other words, the injured worker is not required to appeal a WCB ruling before being entitled to claim Part 7 benefits. |
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