IMPORTANT: If your accident occurred on or after April 1, 2019 the following may or may not apply.
ICBC Doctors and Medical Reports
Another defense strategy ICBC will use to undermine your injury claim involves the use of medical experts. ICBC will retain doctors to assess you and prepare reports with their opinions about your diagnosis, prognosis, disability for work activities, and medical care needs. If the reports are favorable for ICBC (they usually are) they will rely on them to defend your claim.
ICBC Has the Right to Insist You Submit to a Medical Evaluation in One of Two Circumstances:
- You have a claim for no fault benefits (medical treatment or disability coverage); or,
- You have a lawsuit against the negligent motorist who caused your injury (the tort claim).
If ICBC sends you for a medical assessment under your no fault benefit claim, their goal is usually to have the doctor say you are no longer disabled from work or no longer need medical treatment. They will then rely on this opinion to cut you off no fault benefits. They will also use the report as key evidence in their defense of your tort (injury) claim.
ICBC has their preferred list of doctors who they retain to conduct these assessments. The doctors they choose are ones they feel are most likely to give conservative opinions that will help the defense. Therefore, it is very important that you have highly qualified medical experts prepare reports on your behalf.
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