The worth of an ICBC personal injury case can be significantly changed by accident benefits received. ICBC accident benefits are deductible from a personal injury case award against an at fault driver in British Columbia. Here are some important benefits to consider when reviewing what benefits may be deducted from an out of court settlement or court award:
- Disability payments of $300.00 maximum received from ICBC;
- Physiotherapy payments of $25.20 for the first visit and $17.65 for subsequent visits; and
- Homecare payments of $145.00 per week if recived after the car accident.
Make sure you are confirming with ICBC what amounts are included in a settlement offer and what will be deducted in the end.
Usually ICBC will seek an order reducing the award for special damages and cost of future care to reflect deductions for Part 7 benefits the claimant received or would have been entitled to under s. 83 of the Insurance (Vehicle) Act and s. 88 of the Insurance (Vehicle) Regulation, B.C. Reg. 447/83 (the Regulation).
A claimant who has been awarded special damages or damages for cost of future care is liable for deductions to that award to reflect benefits he or she received, or would have been entitled to receive of these ICBC accident benefits which can reduce how much the ICBC claim is worth.
Part 7 of the Insurance (Vehicle) Regulations governs payment of “no fault” accident benefits. The purpose of the deduction is to prevent double recovery and shift responsibility for future care needs from the at fault driver to ICBC. In reality this usually means the ICBC claimant must accept less and with an out of court settlement no future treatment payments will be made by ICBC on the claim.
Posted by Personal Injury Lawyer Mr. Renn A. Holness, B.A. LL.B