Prosecuting a Part 7 claim
Part 7 of the Insurance (Vehicle) Regulation, B.C. Reg. 447-83 specifies that certain benefits are available to certain persons injured in motor vehicle accidents regardless of who was at fault for causing the accident.
A Part 7 claim is called a “no-fault” claim, and benefits under Part 7 of the Insurance (Vehicle) Regulation are called “no-fault” benefits because the claimant is not required to prove that anyone else was at fault for the accident. Indeed, even if you were totally at fault for causing the accident you are still entitled to Part 7 benefits.
However, Part 7 benefits are limited in scope and will generally not fully compensate injured persons for the harm suffered due to an accident. To obtain full compensation a tort claim would be required, but would only succeed if the claimant can prove that some other person was, at least partially, at fault for the accident.
Part 7 benefits are designed to provide basic level of coverage for losses suffered due to motor vehicle accidents:
The Part 7 claim is intended by the legislation to allow a person involved in a motor vehicle accident summary and relatively quick and inexpensive access to, amongst other relief, nominal compensation to offset some portion at least of income loss resulting from the accident.
(Tangaro v. Riley, 1995 CanLII 3261 at para. 12 (BCSC)).
The major thrust of this legislative scheme is to provide certain benefits for residents of British Columbia who are injured in automobile accidents, without any consideration of whether the person injured was at fault. But it is not a complete scheme. It does not provide compensation for the full loss sustained in the accident, but only for certain heads of loss.
(Baart v. Kumar, 1985 CanLII 145 (BCCA)).
This section of the website provides information on Part 7 claims including:
- what are the time limits for making a Part 7 claim;
- who is entitled to make a Part 7 claim; and
- what types of benefits can be claimed.
Navigate this portion of the website by clicking on a menu item in the expanding menu on the left side of this page, or select a link from the list below.
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