Who is Entitled to Part VII Benefits

Generally, anyone injured or killed in a motor vehicle accident in British Columbia, or any B.C. resident injured or killed in a motor vehicle accident in North America, is entitled to Part VII benefits either from ICBC or from another insurer for a motorist involved in the accident. Section 96 of the Regulations under the Insurance (Vehicle) Act sets out the various situations where no Part VII coverage is provided but those are rare.

The Regulations describe who is entitled to Part VII benefits by defining an “insured” in Section 78 of the Regulations. Meeting the definition of “insured” entitles one to Part VII coverage.

For an out-of-province insurer, the law in B.C. requires that the insurer provide the B.C. level of no-fault coverage when the out-of-province vehicle enters B.C. and is involved in an accident.

In a few provinces, such as Ontario and Quebec, the amount of no-fault coverage is greater than that provided by ICBC. If the accident occurred in Ontario or Quebec, or occurred in B.C. but involved a vehicle insured in Ontario or Quebec, there is a good chance that greater no-fault benefits would be available.