Unfortunately, these days it is not enough to simply follow the law when it comes to the application process for Part VII benefits. This is because the adjusters working for the ICBC have different requirements for when you apply which extend past what the law deems necessary.
What Is Legally Required:
Following your involvement in an accident, the law states that it is mandatory for you to give notice to the ICBC of your intent to claim benefits for your losses. This needs to be done within a thirty-day time frame. The notice needs to contain a detailed description of the circumstances surrounding the accident, as well as a list of injuries or deaths which resulted from it. A notice sent after the deadline is generally no problem since another involved motorist will usually have reported the accident the day it occurred. Regardless, you should still do the right thing and give notice as soon as possible.
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What the ICBC Will Ask Of You:
When you wish to apply for benefits, you will generally be handed an Accident Benefits Application Form. This form is sometimes also referred to as CL-22, and has been created by the ICBC as means of obtaining all necessary information regarding the accident from you.
At this point, it should be noted that the notice you are required to give to the ICBC, does not actually have to be given by you, the one who has sustained the injury, but can also be given by another party or your ICBC Lawyer New Westminster. This is especially true for situations in which you are too severely injured to fulfill the requirements that come with reporting the incident. The reporting requirements are:
A written and signed statement which contains the detailed circumstances surrounding the accident
A signed statement stating that the ICBC is authorized to obtain all information regarding the plaintiff’s lost income and medical reports
It is important to note that the signed statement is solely used to defend in the case of a personal injury or death claim, and is not connected to the plaintiff’s entitlement of Part VII benefits. This is because, for Part VII benefits, it is of no interest whether the plaintiff was fully or partially at fault for causing the accident. The ICBC simply enjoys to have such information on hand.
What you should take away from this is that you are not required to give the ICBC access to such a detailed statement when you are simply trying to obtain the Part VII benefits you are entitled to. It is important to talk to your Personal Injury Lawyer New Westminster.