News
Accident benefits available to all injured parties even though having been found solely negligent in motor vehicle accident claims
In a recent article published in the Vancouver Province on August 14, 2008, it was reported that a cyclist was found solely at fault in a motor vehicle accident with a truck.
The Province Article
The cyclist, who sustained personal injuries as a result of an accident with a truck, was found solely responsible for the accident due to his own negligence. He was cycling on the shoulder of the road and failed to observe that the truck, which was pulling away at a red light, was executing a right hand turn, causing the cyclist to collide with the truck.
In cases like these, where a claimant who sustained personal injuries is held solely responsible for causing the motor vehicle accident, it should be remembered that such a claimant, if he meets the definition of an insured claimant, is still entitled to certain no-fault benefits, typically called Part 7 benefits, These benefits are claimed from ICBC or another insurer, depending on the particular claim. Such no-fault benefits include medical and rehabilitation benefits, wage loss benefits (total temporary disability benefits), and in appropriate cases, certain death benefits. These benefits are governed by Part 7 of the Regulations to the Insurance (Motor Vehicle) Act. Some benefits are mandatory, whereas others are discretionary. The term “insured” claimant is broadly defined, and includes most individuals who sustain personal injuries in motor vehicle accidents in British Columbia, as well as British Columbia residents who are injured or killed in motor vehicle accidents elsewhere in North America.
It is essential to all personal injury or death claims resulting from motor vehicle accidents, regardless of liability, that a Part 7 application be submitted within the legal time limits. Failure to do so might result in a denial of benefits or even a monetary deduction at the settlement of a tort claim. It is therefore wise to consult a lawyer when dealing with the insurance companies to avoid legal pitfalls and to ensure that you know your rights and are compensated accordingly.