ICBC Accident Claims
The FactsOne of the most important things to do immediately after and accident or injury is to consult with an experienced personal injury lawyer. Lofranco Corriero has over 35 years of personal injury litigation experience as well as the resources to need your legal needs. Your lawyer’s primary goal should be to obtain a fair settlement for your injuries. You are entitled to benefits through ICBC regardless of who is at-fault when it comes to car accidents. Even if your case ultimately ends up going to court, you need to have attorneys and personal injury experts who are at your side, ready to fight the court battles for you. Most cases can be settled outside of court, but in the situation where the case does go to court, Lofranco Corriero lawyers are ready to fight for you.
ICBC Benefits (also known as Part 7 benefits) are available to most people injured in motor vehicle accidents in British Columbia. Part 7 benefits are “no fault” benefits, meaning that you are entitled to benefits even if the accident was your fault. The process for Part 7 benefits should generally be started within 2 years of the accident; any longer and you risk losing access to your benefits. It’s best to contact a personal injury lawyer immediately after an accident, or at your absolute earliest availability.
Settlement ProcessIf you are injured in a car accident, slip and fall or other accident, you may claim accident benefits for the following things:
- Medical treatments not covered by your accident benefits
- Wages lost that are not covered by your accident benefits
- General pain and suffering, physical and emotional trauma.
- Immediately report your accident to ICBC.
- Draft a written report describing your accident and injuries and provide it to ICBC within 30 days of your accident.
- Provide ICBC with a proof of claim form within 90 days of your accident / injuries.
We recommended consulting with a serious injury attorney immediately after your accident so that you can receive proper guidance and assistance. While the ICBC representatives may seem to be friendly and on your side, their ultimate goal is to find a flaw in your case and deny you the benefits that you are entitled to. Whether it comes down to checking your social media posts or some information you give them, they will undermine your case any way they can. ICBC has the right to send you to a doctor of their choice in order to assess your injuries and prepare an accident report. It’s important to meet with these doctors and follow up, as denying their medical aid can lead to you losing your ICBC benefits.
ICBC Accident BenefitsAccident Benefits are available to almost everybody in British Columbia who is injured in a motor vehicle crash-no matter who is at fault. Medical treatment and looking after injured individuals can be very expensive, and accident benefits (also referred to as Part 7 benefits) can make a great difference in getting back on your feet.
ICBC injury benefits can provide assistance with many things including medical expenses and treatments, income loss and rehabilitation costs as well as death benefits for family members. In the event of car accidents, it’s common for the injured to require multiple sources of help (medical expenses and income replacement) and the Part 7 benefits can be obtained for these reasons.
As previously mentioned, in order to receive your Part 7 benefits from ICBC you must follow the following 3 steps:
- Appropriately reporting your accident to ICBC immediately.
- Giving ICBC a written report about the accident and your injuries within 30 days of its occurrence.
- Providing ICBC with a proof of claim form within 90 days of the accident itself.
Medical Benefits covered by ICBC include reasonable and necessary medical expenses, therapy expenses, prosthesis and orthosis. Part 7 benefits for medical expenses provide up to $150,000 to pay for medical and rehabilitation expenses.
Rehabilitation Benefits cover various services and expenses that could assist and rehabilitate injured persons. Some services offered include one-time alterations to your home (if the injured person needs a more accessible home), attendant care at home, wheelchairs and various other equipment.
Lost Income Benefits contribute up to $300 per week in the first week after the car accident. These benefits do not begin however until after any EI benefits have been exhausted. Once EI benefits have finished, lost income benefits can take effect and you are entitled to these benefits for two years after an accident. If you are unable to work again these benefits will take effect.
Homemakers may also be entitled to benefits if they are unable to do their household work, generally at $145 per week.
Death Benefits may also be available to individuals who have lost loved one’s as a result of a car accident. ICBC may require a doctor of their choosing to assess your situation. Death benefits can include monetary benefits as well as coverage of funeral expenses etc.