Deadlines for Making a Claim for Part 7 Accident Benefits
Section 97 of the Insurance (Vehicle) Regulation sets out deadlines for those intending to make a claim for Part 7 benefits:
97 (1) Where an accident occurs for which benefits are provided under this Part, the insured shall
(a) promptly give the corporation notice of the accident,
(b) not later than 30 days from the date of the accident, mail to the corporation by registered mail, or deliver to the nearest claims centre of the corporation, a written report on the accident with particulars of the circumstances in which the accident occurred and the consequences of the accident, and
(c) within 90 days from the date of the accident furnish the corporation with a proof of claim in a form authorized by the corporation.
(2) The corporation is not liable to an insured who, to the prejudice of the corporation, fails to comply with this section.
Prompt notice of the accident
Section 97(1)(a) provides that a person intending to make a Part 7 claim must give ICBC prompt notice of the accident. We recommend that this be made within hours or, at most, days after the accident. This is most commonly done by phoning ICBC at:
· 604-520-8222 (Lower Mainland); or
· 1-800-910-4222 (Toll Free)
and explaining when, where, and how the accident occurred.
Written report within 30 days
Pursuant to s. 97(1)(b), a person intending to make a claim for Part 7 benefits must furnish a written report of the accident within 30 days. This report must provide enough details for ICBC to understand on a basic level how the accident happened and what injuries resulted. This statement does not need to be prepared by the person claiming the injuries.
Proof of claim within 90 days
As set out in s. 97(1)(c), a claim for Part 7 benefits requires an injured person to furnish a proof of claim. This is done by completing a form provided by ICBC called a “CL22 – Insurance Claim Application Form”. This form asks for the claimant’s basic personal information, such as name, date of birth, and address, as well as the family doctor’s information, employment information, and injuries suffered.
When listing the injuries suffered in the accident, claimants should take care to list all of the injuries suffered to the best of their knowledge; however, it is possible that more injuries will arise after the completion of the CL22.
Missing the deadlines for Part 7 benefits
It is not uncommon for claimants to miss the above-mentioned deadlines, especially when they have not hired a lawyer. However, this is rarely a problem because, pursuant to s. 97(2), failure to meet the deadlines will only result in the right to claim Part 7 benefits being lost if that late notice prejudices ICBC.
ICBC may suffer prejudice if it is deprived of the ability to conduct investigations relevant to Part 7 benefits due to the late notice. In order to avoid risk of losing one’s right to Part 7 benefits, as well as cost and inconvenience and arguing for entitlement to accident benefits, it is highly recommended that claimants comply with all the notice periods.