Accidents and injuries hurt, no matter who is at fault and what happened. You should defend your right to the maximum amount of compensation for
which you are legally entitled. On this page, you can learn more about no-fault insurance benefits.
In Trail, Cranbrook, and Rossland, our team at Daroux Law are personal injury lawyers ready to advocate for you and your rights. We work on a contingency basis in personal injury cases in order for our clients to not have to be concerned about paying any costs up front.
Call us now for more information on our services including on how we can advocate on your behalf.
“Part 7 benefits” are those provided for under Part 7 of the Regulations under the Insurance (Motor Vehicle Act). They are available to every “insured” regardless of who was at fault in any given automobile accident taking place in British Columbia. The types of benefits available are medical and rehabilitative benefits, disability benefits for partial recovery of wage loss, and for homemaking assistance and death benefits. Part 7 benefits do not include compensation for pain and suffering, loss of enjoyment of life, loss of earnings capacity, and future wage loss. Those things are covered under a separate Tort Claim.
An ICBC adjuster is typically assigned to your case and decides what, if any, Part 7 benefits you are entitled to. You have to remember that the adjuster, although he or she may refer to self as “your adjuster” does not work for you. The adjuster works for ICBC. Sometimes – in fact quite often – benefits are denied and you need to establish your entitlement to them.
A personal injury lawyer can assist you in establishing that entitlement. Sometimes, that can only be done by starting a lawsuit against ICBC and suing them, as your insurer, for failing to provide you with the benefits to which you are entitled. In extreme cases the adjuster’s conduct may be considered “bad faith” and the adjuster will be sued personally for damages as a result of their conduct.
An “insured” is defined in part as any of the following:
The definition of insured is therefore quite broad and would apply to most persons injured in an accident in British Columbia. It is not limited to just those who hold a policy of insurance. Many people are surprised to learn that they fall within the definition of insured and are entitled to benefits as such.
To learn more about what you are entitled to, to please contact us at Daroux Law for advice on no-fault insurance claims in Trail, Rossland, and Cranbrook. We look forward to speaking with you and defending your rights.