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Claims For Medical Expenses Under ICBC Claims Just Got More Complicated

Jul 17 2019

Most people are not aware that under provincial coverage of automobile insurance, injured motorists are entitled to “no-fault benefits” which are commonly referred to as Part 7 benefits.

Definition of Benefits

Under Part 7 of the Insurance (Vehicle) Act Regulation, an injured person is entitled to be reimbursed by ICBC for expenses incurred for things like ambulance invoices, medication, physiotherapy, chiropractic, massage therapy and other forms of treatment. This has always been subject to section 88 of the same regulation which provided that:

Where an insured is injured in an accident for which benefits are provided under this Part, the corporation shall, subject to (certain exceptions), pay as benefits all reasonable expenses incurred by the insured as a result of the injury for necessary medical, surgical, dental, hospital, ambulance or professional nursing services, or for necessary physical therapy, chiropractic treatment, occupational therapy or speech therapy or for prosthesis or orthosis…

Changes to Claims Deadlines

Until recently, injured motorists had up to two years in which to submit their claims and be paid or commence proceedings against ICBC in the event ICBC refused to pay. Earlier this year, however, the government pulled a fast one and enacted section 88.01 which now provides:

If an accident occurs for which benefits are provided under section 88, the insured must provide to the corporation a receipt for the expenses incurred that will be compensated as benefits under that section no later than 60 days from the date that those expenses are incurred.

This is a dramatic change and many people will be caught unaware of this new statutory requirement. In the past, many lawyers advised their clients to hang onto their receipts and then turn them in for reimbursement every two or three months. This change in legislation places people at risk of not being entitled to be properly compensated for their expenses.

If you are injured in an accident and have receipts for medical expenses, it is recommended that you remit them to ICBC as soon as possible.

Contact RDM Lawyers

Should you have any questions or concerns about navigating the new legal minefield that is the ICBC claims procedure, consult RDM’s dedicated team of personal injury lawyers today. We have been assisting victims of motor vehicle accidents in the Fraser Valley for more than 40 years.

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