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Prepared for MADD
Revised FEBRUARY 2006 JOE MURPHY Q.C.
MURPHY, BATTISTA
VANCOUVER, B.C.
604-683-9621
1-888-683-9621

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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A Layman's Guide to ICBC Part 7 Benefits

Part 7 Benefits - Death:

In the event of a death resulting from an accident, even a death which occurs some time after an accident, Part 7 provides for payment of benefits.

Regulation 91 provides for the payment of funeral expenses up to a maximum of $2,500 where a death occurs as a result of an accident.

Regulations 92-95 provide additional death benefits to the surviving family members where a parent is killed. The amount of these benefits depends on whether the person killed was the “head of household” or the “spouse in household” as defined in Regulation 92. There are also modest benefits payable to the surviving parent for the death of a child.

For example, if the head of the household dies leaving a spouse and 2 young children, the spouse would receive a lump sum of $5,000 plus $145/week for 104 weeks for a total of $15,080. Each of the children would receive a lump sum of $1,000 plus $35/week for 104 weeks for a total of $4,640 each. Any money payable to a child is paid to the Public Guardian and Trustee. It is common for ICBC to pay out the weekly payment rather than pay them over the 104 weeks.

In the event of a death, the family is usually entitled to CPP death benefits; a copy of the current CPP death benefit application form is set out at Tab D.

copyright 2002 Murphy, Battista - Lawyers