How to Apply for Part VII Benefits

The law requires that ICBC be given notice of the claim for Part VII benefits promptly after an accident

Section 97 of the Regulations 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 prejudice to the claimant unless the delay has harmed ICBC in some way. Usually, ICBC is notified of an accident immediately by one of the motorists involved in the accident anyways but it is still a very good idea for you to report early on after the accident to ICBC.

ICBC has developed a form called an “Accident Benefits Application Form” (CL-22), which is generally used to provide the required information of the accident and of the injury or death. The required notice does not have to be given by the injured person personally. It can be filled out and submitted by someone representing the claimant, especially if the injuries are severe and the injured party is not able to meet the reporting requirements.

If you are self-representing the claim, ICBC will often ask you to sign blank authorizations to obtain medical and wage loss information. The authorizations, however, are intended more for use by ICBC in defending an injury or death claim than in determining if a person is entitled to Part VII 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 blanket medical and wage/employment authorizations because that gives ICBC unlimited access to all information.

ICBC will also seek out a short form medical report called a “CL-19” from your treating physician. The report speaks of disability and treatment requirements after discussing the type of injuries suffered and the subjective complaints of the patient. The CL-19 does give the adjuster some directions on Part VII coverages but is also used to defend the personal injury claim.