Unfortunately, the ICBC is well within their rights when they ask you to undergo a medical assessment from one of their own doctors. They will take advantage of this fact when it comes to people filing a claim for Part VII benefits, or when someone files a tort claim, aka a lawsuit against the ICBC.
How does the ICBC choose their doctors?
The list of doctors the ICBC will refer claimants to has been carefully put together over many years. As time went by, they learned from experience which doctors are likely to come to conclusions that are in the ICBC’s favor, and which doctors are more often on the claimants’ sides. What has been discovered is that the majority of the ICBC’s doctors are orthopedic surgeons, who will largely pay attention to objective signs and determine based on that whether or not fully recovery is likely for the claimant further down the line.
What happens when I claim for Part VII benefits?
Unfortunately, when you file a claim for these benefits with the ICBC, there are next to no limitations when it comes to the ICBC sending you from one doctor to the next. Specifically, the Regulations of the Insurance Vehicle Act states under Section 99 that the ICBC is free to send you to healthcare specialists of various professions as often as they deem necessary. And if you fail to comply, the ICBC cannot be held liable. Thus, it is important that you work with a Injury Lawyer Halifax as they are conversant with tort laws.
What happens when the doctor rules in the ICBC’s favor?
As a result, the ICBC will make use of this Section quite frequently and with any case that isn’t straightforward. They will assess your case and pick the doctor most likely to decide in the ICBC’s favor instead of yours. This will result in them being able to either fully deny you further entitlement to Part VII benefits, or to at least severely limit it. Furthermore, they will then use this favorable medical opinion and use it to justify the denial of your tort claim by stating that the damages you are claiming for are in reality significantly less than what is stated in your lawsuit.
Should I hire a lawyer?
It is absolutely recommended, since ICBC Lawyers in Richmond will be able to impose certain terms when it comes to the medical assessment administered by the ICBC. These terms may include the coverage of travel expenses, that you are shown the expert report, and that the assessment will also extend to your tort claim so it does not have to be conducted twice.