When you are in a motor vehicle accident in British Columbia, there are actually two potential claims that are available: Tort and Part 7. Each claim is very different and the funds come from a different insurance product, even if both are paid by the same insurance company (usually ICBC).
Car accidents are an unfortunate reality for so many of the traveling public. When a crash happens, there are different claims that can be made. So where does each one come into play?
Part 7
Part 7 of the Insurance (Vehicle) Act Regulations have treatment and wage loss benefits built into the legislation, designed to provide some support while you recover from your accident injuries. This is your OWN insurance, which is included with ICBC’s basic insurance plan.
A claim with ICBC for Part 7 benefits is available whether you cause the accident or someone else has hit you. They are your “no-fault” benefits.
Part 7 benefits are for death or injury caused by an accident that arises out of the use or operation of a vehicle. That means benefits are also available if you were a pedestrian or cyclist who was injured by a motor vehicle. To be insured, you need to have vehicle insurance with ICBC, or a driver’s license or live in a household with someone with a vehicle or driver’s license. This means that most BC residents will be eligible for Part 7 benefit coverage.
There are limits to what is paid upfront by ICBC under your Part 7 benefits. It usually covers only a small portion of the total cost of treatment or a percentage of your wage loss to a small maximum amount.
Tort
The additional amounts you have lost in wages or treatment costs and other out of pocket expenses will fall to the person who caused the accident to pay to you. To recover those costs, you must make a claim against the at-fault driver. This is called your ‘Tort Claim’ and the at-fault driver’s third-party liability insurance will cover this portion of your claim up to the insurance limit they have paid for. Any additional amounts due in your tort claim that are over the insurance limit will be the personal responsibility of the at-fault driver.
The dictionary defines ‘Tort’ as a Civil Wrong.
When someone does something to you that causes you suffering, it creates a legal liability against the person who wronged you. A tort claim is a claim that you make against the person who caused the accident.
It covers your pain and suffering, as well as wage loss and out of pocket costs.
Out of pocket costs include the cost for the future care you will need to maintain your level of recovery as well as expenses you’ve incurred from different methods you use for recovery that are not covered by your Part 7 claim. This is the same with your past and future wage loss or loss of opportunity to earn an income.
How to Get Help With Tort vs Part 7
A lawyer can help you navigate your Part 7 and Tort claims with ICBC, and often will provide a free consultation to provide you with the information you need to decide how to move forward with your recovery from a car accident injuries.
If you have been in an accident and have questions related to your insurance coverage and would like advice or for more information please contact Priddle Law Group at (250) 434-8911 or email reception@priddlelaw.ca to book a free consultation.
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