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FAQ: ICBC Tactics

Are medical specialists hired by ICBC to assess me truly independent?

Medical specialists hired by ICBC inherently have a conflict of interest. ICBC offers generous financial compensation to medical professionals with the expectation that they will provide evidence that discredits your injury claim.

 

Do I have to worry about ICBC following me around with a video camera?

Yes, it is possible that ICBC will follow you around with a video camera. However, if you are honest about your injuries, there is nothing to worry about. In the past when ICBC has presented video footage of our clients, it to has worked to our advantage, supporting our cases by providing independent evidence of limitations caused by the injuries.

 

If I wasn’t wearing my seatbelt, do I not have a claim?

You still have a claim if you were not wearing a seatbelt. However, a portion of your injuries may be attributed to your failure to wear a seatbelt. This means that your overall claim will be reduced by the percentage that you are found to be at fault. In the court case below, the car crash victim was found to be 30% at fault:

 

Is ICBC looking after me in my injury claim as my insurance company?

ICBC wears two different hats and it is easy to get them confused. You pay good money to ICBC to act as your insurance company so that you are protected and supported in the event of a car crash. However, when you deal with an ICBC adjuster, they are actually representing the interests of the negligent driver. This means that their goal is to pay out as little as possible on your ICBC claim, and therefore they are not tasked with “looking after” your interests.

Is it my fault my injuries are not resolving quicker?

All injuries heal at varying rates and if you are putting a genuine effort into your recovery, it is not your fault that your injuries are not resolving quicker. Adjusters will sometimes tell you “you should be better by now” because they are trying to bully you into thinking your injuries are your fault, or to insinuate that you might be faking your symptoms. Remember that your adjuster is a professional negotiator, and not a medical professional.

It is important that you take as much time as you need in your recovery before entering a legally binding settlement contract.

 

Read more: Commonly Used ICBC Negotiation Strategies

 

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