Deductibility of Part VII Benefits in the Tort Claim

Extra expenses are advanced as “out-of-pocket expenses” or special damages in the tort claim

ICBC can deduct the amount of Part VII benefits paid in the past from any special damage claim so generally speaking, the claimant only advances addition costs not covered by Part VII such as “user fees” or non-tradition treatment expenses such as Chinese medicine, herbal remedies, IMS, etc. These extra expenses are advanced as “out-of-pocket expenses” or special damages in the tort claim if you were not at-fault for the accident.

For future claims after judgement or settlement, the new trend is for ICBC to leave open Part VII benefits indefinitely requiring the claimant to continue to submit receipts to ICBC hoping there is coverage. In the past, ICBC would cash out future Part VII benefits for a reduced figure to close a file.