ICBC Accident Benefits

If you’ve been injured in a motor vehicle accident, you   are entitled to certain insurance benefits provided by I.C.B.C. under Part 7 of the Regulations to the B.C. Insurance (Vehicle) Act. Those benefits include:

  • Medical and rehabilitation benefits.
  • Wage loss benefits for employed persons.
  • Homemaker benefits.

These benefits are available regardless of who is at fault for the accident. Accordingly, they are often referred to as “no fault” benefits.

Death benefits (including burial and funeral expenses up to $2,500.00 and survivor benefits for dependents) are also payable when death has resulted from a motor vehicle accident.

 

Applying For ICBC Accident Benefits

Who is insured:

In order to claim ICBC accident benefits you must first meet the broad definition of “insured” found in the Insurance (Vehicle) Act Regulations, which generally includes:

  • Residents of BC who holds a valid driver’s certificate.
  • Owners of a vehicle insured with ICBC and members of their household.
  • Occupants of a vehicles licensed in BC.
  • Cyclists or pedestrians who collide with motor vehicles.
  • The personal representative of a deceased insured.

How to claim ICBC accident benefits:

Generally, to claim ICBC accident benefits one must:

  1. Promptly notify ICBC of your accident – ideally with 24 hours of the accident, either online through ICBC’s website, or by calling ICBC’s Dial-a-Claim service.
  2. Provide ICBC with a written statement – within 30 days of the accident provide a written statement that includes the details of the accident, your injuries and other losses.
  3. Fill out and submit an ICBC application form – Your ICBC adjuster should provide you with an Insurance Claim Application form for you to fill out, which must be submitted within 90 days of the accident.
  4. Provide medical evidence to support your claim – you can arrange with your doctors for them to provide you with your medical records. ICBC can also request a brief medical report from you doctor addressing your accident related injuries. You do NOT have to sign any ICBC authorizations for the release of your medical records directly to them.

Medical and Rehabilitation Benefits

Medical and Rehabilitation benefits generally include payment towards most reasonable medical and rehabilitative treatment that you require as a result of your accident related injuries. Generally, anyone who is injured in a motor vehicle accident is entitled to medical and rehabilitation benefits.

What you’re entitled to:

ICBC is required to pay all reasonable and necessary expenses for the following:

  • Medical, surgical, dental, hospital, ambulance or professional nursing services.
  • Physical therapy, chiropractic treatment, occupational therapy or speech therapy.
  • Prosthesis or orthosis.

ICBC may pay the following, when in their opinion it is likely to promote rehabilitation:

  • A specially equipped vehicle.
  • Alterations to your residence (such as ramps, lifts, etc.).
  • Homecare.
  • Medical equipment (such as wheelchairs, etc.).
  • Vocational training.

What you need to do:

  1. Apply to ICBC for accident benefits;
  2. Obtain a note from your doctor specifying the treatment or medical equipment that is required;
  3. Forward that note to ICBC with a request that medical and rehabilitation benefits  be extended; and
  4. Keep all original receipts and invoices to provide to ICBC for reimbursement.

Wage Loss Benefits

These benefits are designed as partial wage loss replacement for workers who cannot work a result of their accident related injuries.

Do you qualify?

To qualify for ICBC wage loss benefits, you must show:

  • That your injuries prevent you from substantially performing your job.
  • That you were employed at the time of the accident, or for at least 6 out of the previous 12 months.
  • That you stopped working within 20 days of the accident.

What you’re entitled to:

If you qualify, ICBC will reimburse you:

  • 75% of your average weekly earnings in the year before the accident.
  • Up to a maximum of $300 per week.
  • For the duration of the disability, up to 104 weeks.

After two years, you will only be entitled to wage loss benefits if you are unable by reason of your injuries to do any job that you are suited for based on your age, education and experience. Any wage loss above and beyond the $300 per week limit can and should be included in your overall injury claim, as a claim for past lost income.

What you need to do:

If your accident-related injuries prevent you from working, you should:

  1. Apply to ICBC for accident benefits.
  2. Apply to Service Canada for Employment Insurance (EI) benefits (required by ICBC before paying wage loss benefits).
  3. Obtain a note from your doctor stating you are unable to work due to the injuries suffered in the accident.
  4. Obtain a copy of your most recent pay stub, T4 and any ROEs issued in the last twelve months, as proof of income.
  5. Send the above documentation to your ICBC adjuster and request that wage loss benefits be extended.

Homemaker Benefits

These benefits provide reimbursement for homemakers who must pay someone else to maintain their home while they are injured.

Do you qualify?

To qualify for ICBC Homemaker benefits, you must:

  • Be responsible for the majority of the housekeeping for your household.
  • Be substantially and continuously disabled from performing most of your household tasks.
  • The disability must arise within 20 days of the accident.

What you’re entitled to:

If you qualify, ICBC will reimburse you for reasonable expenses incurred:

  • Up to a maximum of $145.00 per week; 
  • For the duration of the disability up to 104 weeks; and
  • There is a seven-day waiting period for these benefits;

It should be noted that ICBC will generally not pay for a family member to perform household tasks, unless the family member does not reside with you and comes to your home specifically to perform the tasks.

What you need to do:

If your accident-related injuries prevent you from performing your household chores, you should:

  1. Apply to ICBC for Part 7 benefits.
  2. Obtain a note from your doctor specifying which chores you are unable to perform, and the injuries which prevent you from performing them.
  3. Forward that     note to ICBC with a request that homemaking  benefits  be extended.
  4. Keep all original receipts and invoices to provide to ICBC for reimbursement.

How We Can Help

If you’ve been injured in a motor vehicle-related accident, it’s important to speak with a lawyer to discuss the availability of ICBC Accident Benefits. At Poyner & Company our North Vancouver personal injury lawyers have years of experience applying for ICBC Accident Benefits on behalf of our clients, and ensuring that they are receiving those benefits that they are entitled to.

We're Ready When You Are

Contact Poyner and Company today to discuss your case with a personal injury lawyer. Initial consultations are free of charge, and legal fees are based on a percentage of your overall settlement, and not collected until your claim is resolved. We are conveniently located near Capilano Mall in North Vancouver.

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