Law Talk: A Common Sense Approach to ICBC Part 7 Benefits with Kevin Gourlay
Kevin Gourlay’s recent seminar on ICBC Part 7 Benefits provides a straightforward review of the benefits you are entitled to if you have been in a car accident whether or not you are at fault for causing the accident. The availability of the benefits, even if you are partially responsible for the accident that caused your injuries, is why you will sometimes hear this type of ICBC insurance benefit called “No Fault” benefits.
The presentation covers topics including how to best access benefits, the steps to reporting an accident, the limitation periods regarding these claims, and what exactly can be compensated for under Part 7.
A brief summary of the presentation can be found below. Or you can view the presentation live by clicking on the video.
Report the Accident Promptly
In order to access ICBC Part 7 Benefits, it is important that you or your lawyer promptly report the accident to the provincial insurer. Within 30 days, it is required that you provide written notice of details of your accident and benefits to ICBC. Within 90 days, you will have to have completed an Accident Benefits Application Form and passed it along to ICBC.
ICBC Part 7 benefits often come into play whenever a doctor recommends out-of-pocket rehabilitation expenses to an injured party. Generally, this will include doctor recommended physiotherapy, prescription medication, and doctor recommended massage therapy. There are also discretionary items that ICBC might pay for including doctor recommended pain therapy.
It’s important to note that ICBC pays the MSP rate under Part 7 Benefits, which means that the injured party will still be on the hook for the cost of user fees. Basically, a user fee is incurred whenever a medical professional charges above the MSP rate. For instance, if a physiotherapist charges $75 a session and the MSP rate is $50, the individual will be out of pocket $25 per session even if the session is covered under their Part 7 Benefits.
If your injuries prevent you from regularly performing household tasks, there are benefits under Part 7 that can be accessed to cover the additional cost of hiring a housekeeper etc. Note, however, that you can only receive up to $145 a week and that this money must go to a third party. You cannot use the $145 to pay your spouse or another family member for the additional housework that they take on in the wake of your accident.
If you cannot work, you can receive Temporary Disability (TTD) Benefits under ICBC Part 7 Benefits. You are eligible for this compensation if you were employed at the time of the accident or worked 50% of the previous year. The maximum benefit that you can receive, however, is only $300 a week.
Your TTD benefits can continue for up to two years if you are unable to do your own job. After two years, you can continue to receive your TTD benefits up to the age of 65 if you are able to prove that you cannot work at all.
In tragic cases, death benefits are payable under ICBC Part 7 Benefits. However, these benefits are very limited.
Kevin has been a lawyer at Murphy Battista LLP since 2010. You can read more about him and review a sample of his case results here.