Who is entitled to Part 7 Benefits?

Anyone injured in a motor vehicle accident in British Columbia, or any B.C. resident injured in a motor vehicle accident in North America is entitled to Part 7 benefits either from ICBC or from another insurer involved in the accident. Regulation 96 sets out the various situations where no Part 7 coverage is provided.

The definition of insured is quite broad and includes the following:

  • An owner of a vehicle insured with ICBC
  • A member of the vehicle owner’s household
  • An occupant of a vehicle licensed in BC, or an occupant of a vehicle not required to be licensed in BC but driven by a person with a BC driver’s license.
  • A cyclist or pedestrian who collides with a vehicle described in an owner’s certificate
  • A resident of BC who is entitled to bring an action for injury or death under the Insurance (Vehicle) Act for either hit and run collision or pursuant to the uninsured motorist provisions.
  • The personal representative of a deceased insured
  • A resident of BC who holds a valid driver’s certificate and members of his or her household.
  • What does Part 7 provide?

    Payment of medical expenses;
    payment of rehabilitation expenses; and 
payment of wage benefits. 


    However, like any insurance policy or coverage, the benefits are often limited and there is an abundance of “small print” which restricts or even precludes coverage. In many instances, ICBC sets a policy which further restricts what will be paid under Part 7. 


    What ICBC generally requires, but what is NOT REQUIRED to be provided is:

  • A signed statement covering all of the accident circumstances
  • A signed authorizations to obtain medical and wage loss information
  • The signed statement is intended almost totally to assist ICBC in defending a personal injury or death claim; it is not needed or intended to determine whether a person is entitled to Part 7 benefits. For example, it does not matter in a Part 7 claim if a person was or was not wearing a seatbelt because Part 7 is paid regardless of fault – but that is almost always canvassed in the signed statement. Similarly, other matters that deal solely with fault are canvassed in this signed statement.

    IT IS NEITHER NECESSARY NOR A GOOD IDEA TO PROVIDE ICBC WITH A SIGNED STATEMENT TO OBTAIN PART 7 BENEFITS.

    The medical authorizations and the wage/employment authorizations are again intended more for use by ICBC in defending an injury or death claim that in determining if a person is entitled to Part 7 benefits

    WAGE BENEFITS: Regulation 80 provides for payment of wage benefits if an accident and injury prevents a person from working. These benefits are called Total Disability Benefits or TTDs. To qualify for TTDs, a person must have either been employed at the time of the accident or have worked at least 50% of the year before the accident.

    Applying for Part 7 Benefits

    Generally, to claim Part 7 benefits one must:
    1. Promptly give ICBC notice of the motor vehicle collision. This requirement can be fulfilled by giving notice on-line through ICBC’s website or by calling ICBC’s dial-a-claim (604-520-8222 in the Lower Mainland and 1-800-910-4222 elsewhere in BC). Whatever way you choose to report the claim, you should know that ICBC will keep records of your statements. For this reason it is very important to ensure that any information you provide ICBC is completely accurate.
    2. Give ICBC a written report of the collision no later than 30 days from the date of the collision. This report must set out the particulars of the accident and its consequences. A good way to fulfill this requirement is to type out a short but accurate statement describing the collision and its consequences and to provide this statement to your ICBC adjuster. This statement does not have to be signed. Often ICBC will use this requirement to have an applicant give a detailed verbal account of the collision which is then transcribed by ICBC and presented to an applicant for his/her signature. If the written report is taken in this fashion it is very important to read through the entire report carefully and ensure that it is completely accurate. Any inaccuracies in this report can be used later in your claim to challenge your version of events.
    3. Provide ICBC with a proof of claim on the appropriate form within 90 days of the collision. Your ICBC adjuster is required to provide you with the appropriate form to fill out. This form requires that, amongst other things, you provide information about yourself, your employment and your injuries. Ensure that this form is filled out completely and accurately.