More on ICBC Part 7 Benefits Deductions in Personal Injury Lawsuits

Written by admin on . Posted in ICBC No-Fault (Part 7) Benefits.


As previously discussed, if you are insured with ICBC the amount of Part 7 Benefits that you are entitled to must be deducted from tort trial damages due to the operation of section 83 of BC’s Insurance (Vehicle) Act.   This deduction can be made even if you don’t apply/receive your Part 7 benefits.
Reasons for judgement were released this week by the BC Supreme Court, New Westminster Registry, discussing this deduction with respect to various damage awards made at trial.  In this week’s case (Cikojevic v. Timm) the Plaintiff was awarded significant damages at trial after sustaining a permanent brain injury in a collision.  This week’s supplemental reasons for judgement are worth reviewing for the Court’s discussion of deductibility of the following items:

  • massage therapy
  • chiropractic treatments
  • medications
  • occupational therapy
  • psychological counselling
  • speech therapy
  • vocational counselling
  • transportation costs

bc injury law, Cikojevic v. Timm, Mr. Justice Brown, Section 83 Insurance (Vehicle) Act, Section 83(5) Insurance (vehicle) Act

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ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

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