Details On A Part 7 Accident Claim In British Columbia

A part 7 claim may be submitted by those drivers in British Columbia that have become involved in an automobile accident. The money paid to the claimant comes from the Insurance Company of British Columbia (ICBC).

Who gets that money?

The payments from ICBC go to employed persons and homemakers. ICBC’s payments can come to an end, if an injured recipient has refused to take part in a scheduled treatment or rehabilitation program.

The notes that accompany the Part 7 claim

Normally, the payments from ICBC continue for 104 weeks. On note looks at the possible need for the payments to continue, beyond that 104th-week mark. Such a need could arise, if the injured recipient has not recovered during the 2 years when the payments got delivered on schedule.

A second note looks at the possible need to deduct the ICBC benefits from the damage award. Anyone who becomes involved in a car accident in British Columbia can enjoy payment of ICBC benefits, regardless of who has been found at fault. Still, British Columbia does not allow drivers to seek a double recovery of both benefits and awarded compensation. Consequently, the amount doled out as a benefit gets deducted from the damage award.

The deduction of the money in the damage award takes place in those cases where ICBC must pay someone that resides in British Columbia. Personal Injury Lawyer in Vancouver are aware that if the insured driver or passenger resides in a spot outside of British Columbia, there should be no amount of money deducted from the amount awarded for damages. In that case, the person living beyond British Columbia’s borders should receive the full award.

If for some reason, a deserving claimant does not receive the promised award or gets denied the award, he or she can file an action against ICBC. According to the law, the denied man or woman has 2 years in which to file such an action.

Who might receive one of those notes?

Someone that has purchased an insurance policy from ICBC

Someone that lives in the same house as the holder of a certain type of insurance policy, namely an automobile insurance policy that was purchased from the Insurance Company of BC.

Anyone that was a passenger in a car that had been licensed in BC, and, while riding in that same vehicle became injured, as the result of an on-road collision. Anyone that has collided with a vehicle that was insured in British Columbia. That means that even a pedestrian or a bike rider might receive such a note, if that same pedestrian or bike rider lived inside of BC’s borders, and collided with a vehicle at a spot close to home.