No. Once you settle with ICBC and have signed a release for your personal injury, you are not entitled to go back and claim additional compensation.
If you have been injured in an automobile accident, you will have many questions. Often the explanation provided by adjusters or others does not help clarify things. At Bush and Company we want you to know and understand the insurance. There are 2 parts to the Insurance Act: Part 6 and Part 7. Part 6 is the other driver’s insurance – the driver that caused the accident and your injuries. Part 7 is your insurance that you have by virtue of having a driver’s license, owning a registered vehicle or living in a household with someone who has a driver’s license.
Part 7 Insurance can be complex, but, in a nutshell, it pays for NECESSARY (you will need a doctors note) medical care including physiotherapy, massage, chiropractic and medications at the Medical Services Plan rate. ICBC will not usually pay the user fee.
Part 7 benefits cover wage loss if you were employed at the time of the accident, or had been employed for 6 of the previous 12 months. You must be TOTALLY disabled for at least one day in the first 21 days following the accident (you will require a doctor’s note confirming that you are disabled from your employment as a result of the injuries sustained in the accident).
No matter how much you earned at the time you were injured, under your insurance policy with ICBC, you are entitled to a maximum of $300.00 per week or 75% of what you were earning, whichever is the lesser amount. These figures have been in the legislation since the 70’s and have not changed. You will recover the difference between what you get from Part 7 and what you actually would have earned, net of taxes, but you will not receive that money until you settle or conclude the trial successfully. Attempting to survive on such little income is what prompts many people to settle their claim with ICBC prematurely.
Under Part 7, ICBC can order a short medical report called a CL19 from your doctor and your doctor has to provide it. You do not have to give ICBC access to your clinical records and should not sign a medical authorization for that purpose. If you choose our firm to represent you, we will request those clinical records and redact them for relevancy and privilege and delete such entries from the records where appropriate.
Also under Part 7, ICBC can request that you attend an “Independent Medical Examination”. Typically, this medical examination is anything but independent and is usually requested so that a report can be generated that will say you are “ not disabled” and that you don’t require any more “passive therapy” (physio, massage , chiropractic). If they get their report they will then cut you off all benefits including wage loss even if you can’t work.
Part 7 benefits have a limit of $150,000.00 available which, in serious or catastrophic cases, is not adequate. We can arrange financial assistance or negotiate further advances from ICBC until the claim is resolved.
At Bush and Company we have a team dedicated to pursuing your Part 7 benefits and ensuring that you get the best care available in your community. We know the health care providers and work with them to find solutions to help meet our client’s medical requirements.