If you are injured in a motor vehicle accident and another party is at fault, you can seek compensation under your ICBC automobile insurance. Many people make the mistake of assuming that ICBC has their best interest in mind and that they can simply provide the requested information and receive the compensation they are entitled to under their ICBC policy. The reality is that as soon as you are injured and need to make a claim against your ICBC policy, ICBC becomes not only your automobile insurance provider but also your adversary. The ICBC adjuster who meets with you or asks you to sign documents works for ICBC, which will either try to deny your claim or attempt to minimize the amount you are paid on the claim. Because ICBC is not an objective disinterested party whose only interest in your situation is seeking the maximum compensation for your injuries, an ICBC claims injury lawyer can help. The following is a a list of common mistakes that can hurt an ICBC claim.
1. Failure to collect information about the other driver and owner of the vehicle:
You must provide information regarding both the identity and contact information for any driver as well as the owner of the vehicle. The scene of an accident is a stressful and chaotic place, but this basic information is essential to your claim.
2. Delay in seeking medical diagnosis and treatment:
Many injured in car collisions assume they are not seriously injured because they have only minor symptoms and delay obtaining diagnostic evaluation and treatment for their injuries. Sometimes very serious injuries are not immediately obvious. Your delay in seeking medical attention may also be used by ICBC as evidence that you were not seriously injured.
3. Not consulting an ICBC claims lawyer:
While an ICBC adjuster may be handling your claim, the adjuster also works for ICBC as well as the defendant who is at fault in the accident. The ICBC adjuster has a serious conflict of interest because their ultimate responsibility is to reduce the amount ICBC pays on your claim. Even if the ICBC adjuster is friendly and amicable, the information you disclose or any documents you sign can and will be used against you later. You should ALWAYS consult with a lawyer before communicating directly with an ICBC adjuster.
4. Understating your injuries to a doctor:
It is quite normal to be shaken and distracted after an auto accident. Many auto accident victims do not disclose minor symptoms to their doctor, assuming they are unimportant. Sometimes very serious medical conditions are not immediately obvious and initially only have minor symptoms. If you do not immediately tell your doctor about every symptom no matter how minor, ICBC may simply disregard the symptom, or argue the injury was not a result of your auto accident.
5. Giving a written statement without consulting a lawyer:
Your ICBC policy only requires that you report your accident to ICBC. This does not mean giving them a written statement before speaking to a lawyer. In the immediate aftermath of a car accident, you may be adversely affected by pain, confusion and stress, which can result in omissions or mistakes in the information you provide to the ICBC adjuster. These mistakes or omissions can be used later to undermine your credibility. The ICBC adjuster will ask questions designed to establish your role in causing the accident or to minimize your injuries and reduce your recovery. You will also be asked detailed questions about treatment for injuries and medical conditions prior to the accident. Any mistakes in the information you provide regarding medical history will also be used to undermine your credibility later. ICBC may also try to have you release all of your private past medical information to them. This sometimes done to reduce your claim by trying to point to pre-existing conditions or injuries as the cause of your problems (for example, ICBC will sometimes argue “We aren’t paying you for your whiplash. We say that came from your workplace fall 5 years ago”).You should contact an ICBC claims lawyer immediately so that the lawyer can advise you and help you prepare for your meeting with the ICBC adjuster. We can also help advise you what information to gather prior to the meeting.
6. Not obtaining treatment from a single doctor:
Some injured in motor vehicle accidents will go to walk-in clinics. This can mean seeing many different doctors over the course of your medical treatment. This means that the treating doctor during any particular visit may not know your medical history or have a comprehensive understanding of your situation. You should see a family doctor through the course of your treatment who will be familiar with your entire medical history and course of treatment, which means better care and a better medical opinion about your injuries later on. You can ask friends and family for a recommendation, or search the internet for a referral; whatever method you choose it is important to start getting consistent treatment immediately.
7. Failing to comply with applicable time limits:
There are many time limits that must be complied with at different stages of making an ICBC claim. If you fail to comply with one of these time limits, it can result in your claim being denied. An experienced ICBC claims lawyer can guide you through this byzantine patchwork of deadlines, which means that it is important to contact an ICBC claims lawyer immediately. Even if you believe you may have missed a deadline, you should contact an ICBC claims lawyer who may still be able to help you pursue your claim.
8. Seeing only chiropractors and therapists instead of a family doctor:
While chiropractors may do a great deal to relieve your pain, and provide a valuable service to their clients, their medical opinions and conclusions are unfortunately given less weight by ICBC and the courts. When confronted by opinions of ICBC doctors who typically will have impressive credentials, the value of a chiropractor’s opinion is negligible. You should also see a family doctor about once per month so that the doctor can provide a medical opinion if necessary.
9. Visiting a doctor you were referred to by ICBC without getting legal advice:
ICBC pays preferred doctors six figure incomes so it is hardly surprising that their medical prognosis tend to minimize a claimant’s injuries and future disabilities. If you are referred to one of these doctors, you should consult with an ICBC claims lawyer to determine your rights before being examined by such a doctor.
10. Allowing ICBC decide how much your claim is worth:
ICBC has no power to decide how much your claim is worth. Although at every step along the way you may be treated as if the adjuster will decide the worth of your claim, this is not the case. A court may award much more than that figure; the courts in British Columbia decide how much a personal injury claim is worth, not ICBC. If an ICBC adjuster tells you your claim is worth $10,000, that is merely their opinion, nothing more. ICBC will actually set a secret amount they think a claim may be worth, called their “reserve”. ICBC adjusters are paid to get you to settle at an amount below the “reserve”. You will never be told the “reserve” amount, but with proper legal advice you have a much better ability to assess what is a fair settlement offer, and what is a “lowball”.
At Mulligan Tam Pearson, we will closely investigate your accident and injuries to help ensure you receive the maximum compensation to which you are entitled. We can represent you in negotiating with ICBC and represent you in a lawsuit if necessary. We may be able to assist you in getting medical expenses covered and even help you in getting advances and reimbursements for user fees and the cost of assistance with your household chores. Most importantly, we only get paid a portion of your recovery, which means our interest is the same as your interest. Unlike ICBC, we have an incentive to ensure that ICBC pays the maximum amount on your claim. We offer a free no obligation initial consultation; contact us today.