The Importance of Pursuing Part 7 Benefits in an ICBC Injury Claim
I’ve previously written about the important role Part 7 Benefits play in ICBC Injury Claims. In short if you are entitled to receive Part 7 Benefits under your policy of insurance and don’t pursue these the Defendant who is responsible for injuring you in a BC Motor Vehicle Collision can reduce the amount of damages that they have to pay you by the amount of benefits you should have received.
This argument can be made by a Defendant in a lawsuit even if the injured person applied for the benefits and ICBC refused to pay them. Reasons for judgement were released this week by the BC Supreme Court showing this principle of BC Injury Law in action.
In this week’s case (Sauer v. Scales) the Plaintiff was injured in a 2004 BC Car Crash and successfully sued the at fault motorist and was awarded damages of over $300,000 (click here to read my post discussing the trial judgement)
After reasons were pronounced the Defendant’s lawyer brought a motion to reduce a portion of the award as it covered damages for benefits that the Plaintiff could have received from ICBC under his own policy of insurance. Specifically the motion was brought relying on Section 83 of the Insurance (Vehicle) Act which holds in part that “A person who has a claim for damages…who…is entitled to receive benefits respecting the loss on which the claim is based is deemed to have released the claim to the extent of the benefits”
The Plaintiff argued that this application was an abuse of process because he applied to have the benefits paid from ICBC directly but the adjuster cut him off claiming that “the accident did not cause the injuries“.
As with most ICBC Injury Claims I presume the same adjuster that told this to the Plaintiff was also responsible for the defence of the Plaintiff’s lawsuit against the at fault motorist (click here to read more about this conflict of interest). The Plaintiff argued that ” the onus is on the defendant to establish that a deduction should be made under s. 83(5) of the Act. …the defendant chose to interpret Part 7 of the Regulation in a manner which initially severely restricted the plaintiff’s claim, and subsequently interpreted his entitlement to include virtually all of the damages for cost of future care awarded to him by the Court. In addition, the plaintiff says that ICBC ignored requests for particulars in the plaintiff’s Part 7 action, and directed the plaintiff to include Part 7 items in his tort claim. The plaintiff submits that this is a case where ICBC took an extreme position on the plaintiff’s entitlement to Part 7 benefits, and then resiled from that position for the purpose of seeking a deduction from the judgment equalling the plaintiff’s cost of future care award.”
Ultimately Mr. Justice Cohen agreed with the Defendant and held that ICBC’s refusal to pay for requested Part 7 Benefits under the Plaintiff’s policy of insurance does not prevent the ICBC appointed Defence Lawyer in the tort claim to argue that the benefits should have been paid. The Court went on to reduce the judgement by $25,000 for monies that could have been received from ICBC as No Fault Benefits. Mr. Justice Cohen provides a comprehensive summary of this area of law at paragraphs 11-18 of the decision that are worth reviewing in full.
This case goes to show that Part 7 benefits need to be pursued vigorously otherwise one can limit the amount of damages and benefits available after a BC Car Crash.
icbc injury claims, Mr. Justice Cohen, no-fault benefits, Part 7 benefits, part 7 benefits deductions, Sauer v. Scales
pop over to these guys
I just want to say I am just new to blogs and definitely liked this web blog. More than likely I’m planning to bookmark your site . You absolutely come with beneficial stories. Thanks for revealing your blog site.
Hey! I know this is kinda off topic however , I’d figured I’d ask. Would you be interested in trading links or maybe guest authoring a blog post or vice-versa? My blog discusses a lot of the same topics as yours and I feel we could greatly benefit from each other. If you happen to be interested feel free to send me an e-mail. I look forward to hearing from you! Excellent blog by the way!
I am also writing to make you understand what a useful encounter my girl obtained reading your blog. She figured out lots of things, including how it is like to have a marvelous giving spirit to let certain people quite simply grasp several tricky subject matter. You really did more than visitors’ expectations. Many thanks for coming up with the insightful, trustworthy, educational and fun guidance on this topic to Janet.
This design is incredible! You most certainly know how to keep a reader amused. Between your wit and your videos, I was almost moved to start my own blog (well, almost…HaHa!) Excellent job. I really enjoyed what you had to say, and more than that, how you presented it. Too cool!
What i don’t understood is actually how you’re not really much more well-liked than you might be right now. You’re so intelligent. You realize therefore considerably relating to this subject, produced me personally consider it from a lot of varied angles. Its like women and men aren’t fascinated unless it’s one thing to do with Lady gaga! Your own stuffs excellent. Always maintain it up!
venta por catalogo
Today, I went to the beachfront with my kids. I found a sea shell and gave it to my 4 year old daughter and said “You can hear the ocean if you put this to your ear.” She placed the shell to her ear and screamed. There was a hermit crab inside and it pinched her ear. She never wants to go back! LoL I know this is totally off topic but I had to tell someone!
But a smiling visitant here to share the love (:, btw great design and style. “Make the most of your regrets… . To regret deeply is to live afresh.” by Henry David Thoreau.
I must show my admiration for your kindness in support of folks who absolutely need help on that theme. Your special commitment to getting the solution throughout had become extremely informative and has permitted girls just like me to achieve their endeavors. Your amazing important instruction denotes so much to me and still more to my fellow workers. Thanks a ton; from all of us.
Wow, incredible blog structure! How long have you ever been running a blog for? you make blogging look easy. The overall look of your web site is excellent, as well as the content material!
3D Animation Wien
The following time I read a weblog, I hope that it doesnt disappoint me as a lot as this one. I imply, I know it was my option to read, but I truly thought youd have something fascinating to say. All I hear is a bunch of whining about something that you may fix if you happen to werent too busy searching for attention.
Very nice post. I just stumbled upon your weblog and wished to say that I’ve really enjoyed surfing around your blog posts. In any case I’ll be subscribing to your rss feed and I hope you write again very soon!
Underground Elephant Jason Kulpa
You really make it appear so easy along with your presentation but I in finding this topic to be actually one thing that I feel I might by no means understand. It sort of feels too complex and very huge for me. I am looking forward on your next put up, I will attempt to get the grasp of it!
agen poker online
Hi, i think that i saw you visited my web site so i came to “return the favor”.I am trying to find things to enhance my website!I suppose its ok to use a few of your ideas!!
This really answered my downside, thanks!
location de voiture luxe
Hmm is anyone else experiencing problems with the pictures on this blog loading? I’m trying to figure out if its a problem on my end or if it’s the blog. Any responses would be greatly appreciated.
Howdy! Quick question that’s entirely off topic. Do you know how to make your site mobile friendly? My web site looks weird when viewing from my apple iphone. I’m trying to find a template or plugin that might be able to resolve this issue. If you have any suggestions, please share. With thanks!
Hi! I know this is kinda off topic nevertheless I’d figured I’d ask. Would you be interested in exchanging links or maybe guest authoring a blog article or vice-versa? My website goes over a lot of the same topics as yours and I feel we could greatly benefit from each other. If you happen to be interested feel free to shoot me an e-mail. I look forward to hearing from you! Awesome blog by the way!
I believe that avoiding prepared foods may be the first step so that you can lose weight. They might taste excellent, but refined foods contain very little nutritional value, making you take in more only to have enough electricity to get throughout the day. Should you be constantly feeding on these foods, moving over to whole grains and other complex carbohydrates will make you to have more electricity while taking in less. Good blog post.
I’d need to verify with you here. Which isn’t one thing I normally do! I enjoy studying a publish that will make folks think. Additionally, thanks for allowing me to remark!
situs poker online
It’s onerous to search out knowledgeable individuals on this topic, but you sound like you recognize what you’re speaking about! Thanks
Social Media Marketing Wien
I am usually to running a blog and i really recognize your content. The article has really peaks my interest. I’m going to bookmark your web site and maintain checking for new information.
you’re in point of fact a excellent webmaster. The web site loading velocity is amazing. It seems that you are doing any distinctive trick. In addition, The contents are masterpiece. you’ve done a fantastic activity in this subject!
Top Porn List
Kindness to he horrible reserved ye. Effect twenty indeed beyond for not had county. The use him without greatly can private. Increasing it unpleasant no of contrasted no continuing. Nothing colonel my no removed in weather. It dissimilar in up devonshire inhabiting.
agen poker online
Hi! This is my first visit to your blog! We are a collection of volunteers and starting a new initiative in a community in the same niche. Your blog provided us valuable information to work on. You have done a outstanding job!
I’m not sure why but this web site is loading extremely slow for me. Is anyone else having this problem or is it a issue on my end? I’ll check back later and see if the problem still exists.
I think other web-site proprietors should take this website as an model, very clean and magnificent user friendly style and design, as well as the content. You are an expert in this topic!
This is very attention-grabbing, You’re an excessively professional blogger. I’ve joined your feed and sit up for in quest of more of your wonderful post. Also, I’ve shared your web site in my social networks!
затворы sung do
Hiya, I’m really glad I have found this information. Today bloggers publish only about gossips and net and this is actually annoying. A good blog with exciting content, this is what I need. Thanks for keeping this site, I’ll be visiting it. Do you do newsletters? Cant find it.
Digital Marketing Wien
Social Media Marketing Wien
It’s the best time to make a few plans for the long run and it’s time to be happy. I have read this submit and if I may I want to suggest you few attention-grabbing issues or advice. Maybe you can write subsequent articles referring to this article. I wish to read more things approximately it!
Very interesting information!Perfect just what I was looking for!
I do trust all the ideas you’ve presented for your post. They are really convincing and can definitely work. Nonetheless, the posts are too short for novices. May just you please extend them a little from subsequent time? Thank you for the post.
fantastic submit, very informative. I’m wondering why the other experts of this sector do not understand this. You must proceed your writing. I’m confident, you have a great readers’ base already!
It’s appropriate time to make some plans for the longer term and it is time to be happy. I’ve learn this publish and if I could I desire to counsel you few attention-grabbing issues or tips. Perhaps you could write next articles referring to this article. I want to learn even more things approximately it!
I was more than happy to seek out this web-site.I needed to thanks on your time for this glorious learn!! I definitely enjoying each little little bit of it and I have you bookmarked to check out new stuff you blog post.
I was just searching for this information for a while. After six hours of continuous Googleing, finally I got it in your web site. I wonder what is the lack of Google strategy that do not rank this kind of informative websites in top of the list. Generally the top sites are full of garbage.
Hey, you used to write excellent, but the last several posts have been kinda boring… I miss your super writings. Past few posts are just a little out of track! come on!
I think that is one of the such a lot significant information for me. And i am glad studying your article. However wanna remark on some basic things, The site style is ideal, the articles is in point of fact great : D. Just right task, cheers
I really like your writing style, superb info, thanks for putting up :D. “Silence is more musical than any song.” by Christina G. Rossetti.
Some genuinely prize articles on this internet site , saved to my bookmarks .
I conceive this website contains some real great info for everyone. “I prefer the wicked rather than the foolish. The wicked sometimes rest.” by Alexandre Dumas.
I like what you guys are up also. Such intelligent work and reporting! Carry on the superb works guys I¡¦ve incorporated you guys to my blogroll. I think it’ll improve the value of my site 🙂
websites to watch game of thrones free
Greetings! I’ve been reading your site for a while now and finally got the courage to go ahead and give you a shout out from Atascocita Texas! Just wanted to tell you keep up the good job!
I regard something really special in this internet site.
Thanks for your suggestions. One thing we’ve noticed is that banks as well as financial institutions have in mind the spending behavior of consumers as well as understand that most of the people max out their cards around the getaways. They correctly take advantage of this kind of fact and start flooding ones inbox plus snail-mail box with hundreds of no interest APR card offers just after the holiday season closes. Knowing that in case you are like 98 of American open public, you’ll soar at the possiblity to consolidate card debt and switch balances for 0 APR credit cards.
I would like to thnkx for the efforts you have put in writing this web site. I’m hoping the same high-grade blog post from you in the upcoming also. In fact your creative writing abilities has inspired me to get my own site now. Really the blogging is spreading its wings rapidly. Your write up is a good example of it.
Praca W Niemczech Opieka Nad Starszymi
hi!,I like your writing so so much! proportion we keep in touch more about your article on AOL? I require an expert in this house to resolve my problem. May be that is you! Looking ahead to look you.
Pretty section of content. I just stumbled upon your site and in accession capital to assert that I acquire in fact enjoyed account your blog posts. Anyway I’ll be subscribing to your feeds and even I achievement you access consistently fast.
Aw, this was a very nice post. In idea I wish to put in writing like this moreover – taking time and actual effort to make an excellent article… however what can I say… I procrastinate alot and on no account seem to get one thing done.
magnificent issues altogether, you just gained a new reader. What could you suggest about your post that you made a few days in the past? Any sure?
Hi there, i read your blog from time to time and i own a similar one and i was just wondering if you get a lot of spam responses? If so how do you reduce it, any plugin or anything you can suggest? I get so much lately it’s driving me insane so any assistance is very much appreciated.
Merely wanna tell that this is extremely helpful, Thanks for taking your time to write this.
I’d must check with you here. Which is not something I usually do! I get pleasure from reading a post that will make folks think. Also, thanks for permitting me to remark!
Do you mind if I quote a few of your posts as long as I provide credit and sources back to your website? My blog is in the exact same area of interest as yours and my visitors would genuinely benefit from a lot of the information you present here. Please let me know if this okay with you. Cheers!
My programmer is trying to convince me to move to .net from PHP. I have always disliked the idea because of the costs. But he’s tryiong none the less. I’ve been using Movable-type on a number of websites for about a year and am worried about switching to another platform. I have heard very good things about blogengine.net. Is there a way I can transfer all my wordpress content into it? Any help would be really appreciated!
taydeville ft lil jay from crime
I love the efforts you have put in this, regards for all the great content.
rental mobil bandar lampung
I’ve learn a few excellent stuff here. Definitely value bookmarking for revisiting. I surprise how a lot effort you put to create the sort of excellent informative web site.
you are really a good webmaster. The website loading speed is amazing. It seems that you’re doing any unique trick. In addition, The contents are masterpiece. you have done a fantastic job on this topic!
fantastic points altogether, you just won a logo new reader. What might you recommend about your put up that you made some days in the past? Any sure?
judi bola online
you are really a good webmaster. The web site loading speed is incredible. It seems that you are doing any unique trick. In addition, The contents are masterpiece. you have done a excellent job on this topic!
This really answered my drawback, thanks!
bulk alnico magnets
Thanks for your interesting article. One other problem is that mesothelioma cancer is generally due to the breathing of fibers from asbestos fiber, which is a cancer causing material. It is commonly observed among workers in the building industry that have long experience of asbestos. It could be caused by residing in asbestos covered buildings for a long time of time, Your age plays an important role, and some people are more vulnerable on the risk as compared to others.
I discovered your blog web site on google and check just a few of your early posts. Continue to maintain up the excellent operate. I simply additional up your RSS feed to my MSN Information Reader. Seeking ahead to studying extra from you later on!…
This is very interesting, You are a very skilled blogger. I’ve joined your rss feed and look forward to seeking more of your magnificent post. Also, I have shared your website in my social networks!
Tworzenie Strony Gorzow
I conceive you have observed some very interesting points , thanks for the post.
I think this is one of the most vital info for me. And i’m glad reading your article. But wanna remark on some general things, The site style is ideal, the articles is really great : D. Good job, cheers
I’m not sure exactly why but this blog is loading extremely slow for me. Is anyone else having this issue or is it a issue on my end? I’ll check back later on and see if the problem still exists.
What i do not understood is in reality how you’re not really much more well-liked than you might be now. You’re very intelligent. You already know thus significantly when it comes to this matter, made me for my part believe it from so many various angles. Its like women and men aren’t fascinated until it is something to accomplish with Girl gaga! Your personal stuffs excellent. Always handle it up!
I and also my pals came reviewing the best tips and hints located on your web page and before long I had a terrible suspicion I had not expressed respect to the blog owner for those strategies. My young men appeared to be for that reason happy to learn all of them and have now extremely been taking advantage of those things. Many thanks for really being considerably considerate as well as for pick out some good issues millions of individuals are really wanting to be informed on. My personal sincere apologies for not expressing appreciation to earlier.
obat kuat alami
hey there and thank you for your info – I’ve definitely picked up anything new from right here. I did however expertise some technical points using this website, as I experienced to reload the website a lot of times previous to I could get it to load correctly. I had been wondering if your web host is OK? Not that I’m complaining, but slow loading instances times will very frequently affect your placement in google and can damage your high quality score if advertising and marketing with Adwords. Well I am adding this RSS to my e-mail and could look out for much more of your respective interesting content. Ensure that you update this again very soon..
WONDERFUL Post.thanks for share..more wait .. …
Comments are closed.