Comparing A Tort Claim To A Part 7 Claim In British Columbia
Those drivers that become involved in a car accident while on the road in British Columbia can make one of 2 possible claims. One is a tort claim and the other is a Part 7 claim.
Specifics about the tort claim
This applies to an injury that has been caused by someone else’s negligence. The claimant must prove that the other party was responsible for occurrence of the accident. The plaintiff/claimant must also prove that the accident caused his or her injuries.
There is a cap on the amount of money that any claimant can receiver for non-pecuniary damages. At the present time, lawmakers have set that cap at $350,000.00. The money used to pay the tort claim comes from the insurance company for the responsible driver. The insurance company honors a claim if it has been filed within 2 years of the claimed accident.
Specifics about the Part 7 claim
A part 7 claim serves as a request for Part 7 benefits. ICBC pays such benefits to anyone that has been involved in a car accident in British Columbia, regardless of who has been found at fault.
The claimant or their ICBC Lawyers in Surrey must prove that he or she truly needs the Part 7 benefits. That proof normally takes the form of evidence that the claimant did not receive any type of damage award. Drivers that have been found responsible for a given accident do not qualify for any type of damage award.
The part 7 benefits cover the money spend on medical and rehabilitation expenses, along with certain other losses. Those losses include the absence of earnings, while the claimant recovered from any injury and the money spent to obtain the services of a homemaker. In certain cases, the Part 7 benefits cover the cost of funeral and burial expenses.
Can a part 7 benefit go to someone that does not live in British Columbia?
Yes, if someone from another province, or if someone from a country other than Canada, was traveling on one of BC’s highways and collided with a vehicle that was licensed in BC, then that driver could claim the benefits associated with Part 7. If ICBC refused to deliver that money, the denied driver has 2 years in which to file an action against ICBC.
Can someone other than a driver or a car owner claim such benefits?
Yes, a passenger, a pedestrian or a bike rider would have the right to make such a claim, if one of them had been involved in a collision, and one of the colliding vehicles had been insured in British Columbia. Normally, any pedestrian or bike rider that has made such a claim resides within the borders of British Columbia.