Benefits : “No Fault” (Part 7)

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If you are injured in an accident, then pursuant to Part 7 of the Insurance (Vehicle) Regulation, you may be entitled to “no fault” benefits, or “Section 7” Benefits, under your insurance policy with ICBC, regardless of who was at fault for the accident.

This claim is separate and apart from your claim for personal injury damages against the third party or parties who injured you.

Who Can Claim For No-Fault Benefits?

An “insured”, which is defined in Section 78 of the Insurance (Vehicle) Regulation, is someone who may make a claim for “no fault” benefits. The definition is quite broad, and encompasses the following:

  • an owner of a vehicle that is insured with ICBC, and a member of this owner’s household
  • an occupant of a vehicle licensed in BC
  • an occupant of a vehicle not required to be licensed in BC, but which is driven by a person with a BC driver’s license
  • a resident of BC who has a valid driver’s certificate, and a member of such a person’s household
  • a cyclist or a pedestrian who collides with a vehicle described in an owner’s certificate
  • a resident of BC who is entitled to make a hit and run or uninsured motorist claim
  • a personal representative of a deceased insured

What No-Fault Benefits Can You Claim For?

Such benefits can include medical care, dental care, surgery, rehabilitation, physiotherapy, massage, chiropractic treatment, wage loss compensation, specialized equipment, homemaker benefits, death benefits, and funeral benefits.

If you have permanent injuries, “no fault” benefits may also pay for costs such as attendant care, specialized aids, and vocational training, depending on your injuries.

A complete list can be found in Part 7 of the Insurance (Vehicle) Regulation.

There is a $150,000 limit for “no fault” benefits.

What Must You Do To Properly Make A Claim For No-Fault Benefits?

Pursuant to Section 97 of the Insurance (Vehicle) Regulation, an insured must:

  • promptly notify ICBC of the accident
  • provide a written report to ICBC within 30 days of the accident
  • provide a proof of claim to ICBC within 90 days of the accident

Failure to perform one of these steps may result in the loss of your right to make a claim for “no fault” benefits.

It is important to note that if you have the right to make a claim for “no fault” benefits, but you choose not to, then the amount of such benefits can be deducted from the amount of your personal injury damages, even if you never received any “no fault” benefits at all. Thus, it is very important to apply for “no fault” benefits. Please click here for court cases addressing this issue.

In some situations, ICBC will not pay you any “no fault” benefits, in which case you need to commence legal action to try to force payment, or to preserve your right to seek such benefits at a later date in order to prevent a possible deduction. Contact Veale Law today to discuss any questions you may have about your entitlement to “no-fault” benefits.

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