Types of Claims
In this section you will find information on a variety of different types of motor vehicle and personal injury claims. In addition, you will also find some very helpful information about how to begin and maintain a claim against ICBC.
What is a Personal Injury Claim
Whiplash Injuries
Who do You Sue for Injuries and Damages?
Claims Against Family Members
Pedestrian/ Cyclist Claims
Out of Province/Country Claims
Infant Claims
Hit-and-Run Claims
Uninsured and Underinsured Motorist Protection Claims
Work Related Injuries and Your ICBC Claim
Family Compensation (Death) Claims
ICBC’s No-Fault Scheme
Introduction to the ICBC No-Fault Scheme
What is a Minor Injury
What Compensation Can I receive if I Have a Minor Injury
Actions that Place your Claim into the Minor Injury Category
Limits on Special Damage Recovery
ICBC’S Allowable Deductions from the Tort Claim
Expansion of Health Care Workers that can Write Health Care Reports
Part VII Benefits
Part VII of the Regulations of the Insurance (Vehicle) Act (the “Regulations”) provides the authority for medical and rehabilitation benefits that ICBC is required to pay. These benefits are best described as “no-fault benefits” simply because all individuals are entitled to the benefits, even the bad driver that caused the accident. The unfortunate situation is that ICBC has set up a series of policies and procedures that limit the pay-out to claimants under Part VII. In addition, many adjusters resist paying much of anything under Part VII as to do so would otherwise support the personal injury claim.
New policies at ICBC that were commenced in January 2019, in the lead up to the ICBC no-fault scheme, suggest that ICBC will pay Part VII benefits indefinitely and not cash out the future care award any longer. In practice, it is doubtful this approach will continue indefinitely as there is value for ICBC to close out the file permanently. If the policy does continue, the claimant will have to deal with ICBC for many years if treatment and medication in necessary due to the permanent nature of the injuries.
The following articles help you understand Part VII benefits and how to deal with ICBC to ensure they are paying the appropriate amount of Part VII benefits.