ICBC claims process: Discovery

ICBC Claims Process: What is a Discovery, why do I need to go and what should I expect?

The ICBC claims process can be daunting and unfamiliar.  If you have an ongoing personal injury claim, then the ICBC lawyer will likely ask you to attend an Examination for Discovery (“Discovery”) at a specified time and location to give your testimony under oath. The Discovery is a formal part of the court proceeding which you must attend.

During a lawsuit, each side of the lawsuit has the right to examine the opposing party under oath at an Examination for Discovery. The purpose of a Discovery is for the lawyer who is examining the individual to get as much information as possible that will assist them in preparation for moving on with the lawsuit, such as for trial.

At the Discovery you will be asked to either swear on the bible, or affirm to tell the truth. The lawyer representing ICBC will ask you questions relating to all aspects of your claim. This includes asking detailed questions about the accident, your pre-existing medical conditions, injuries you’ve sustained in the accident, treatment you’ve attended, medication you’ve taken, the impact on your daily routines, your employment information, your income prior to the accident and the income loss you are claiming.

A Court Reporter will be present at the Discovery to record all the questions that are asked and all the answers that are given during this process. If the claim goes to trial, then the Discovery transcripts may be used if your answers at trial, are different then the answers you gave at the Discovery. It is very important to be truthful with your answers at the discovery and to not guess or speculate, when you do not know the answer to a question.

Our legal team at Simpson, Thomas & Associates is experienced in representing individuals injured in motor vehicle accidents and helping them through each step of the legal process.

If you or a loved one has been injured in a motor vehicle accident and have questions about any part of the ICBC claims process, please call us at (604) 689-8888 to schedule a complimentary consultation.

 

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