What is the test for a person to be entitled to disability benefits if they are injured in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Prato v. I.C.B.C., 2002 BCSC 676 (CanLII):
Not only does the injury have to be totally disabling, but that total disablement must occur within 20 days of the accident. If the injury is progressive in nature and does not become totally disabling within 20 days of the accident, it will not qualify as the type of injury for which an insured person is entitled to be paid disability benefits. Rashella v. Insurance Corporation of British Columbia, supra.
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