Be
Prepared, Be Informed
You are required to cooperate with ICBC
in its investigation of your claim, but this does not mean that you are
necessarily required to meet with, and be interviewed by, an ICBC adjuster.
You are entitled to meet and consult with a lawyer at any time.
We strongly recommend that you contact a lawyer prior to attending your
scheduled meeting at a claims centre with ICBC.
Caution should be exercised before you sign any ICBC medical and employment
authorizations. These authorizations often allow ICBC to obtain information
far beyond the scope of what they should, such as your complete medical
history as opposed to only that information which is relevant to your
claim.
Meeting with ICBC
ICBC deals with two matters, and these specifically relate to the
terms of your insurance contract (provided of course you are insured with
ICBC):
1. the funding of the treatment of your injuries
and the eventual settlement of your injury claim.
2. The repair or replacement of your vehicle (if
applicable).
1. Your Injury Claim
You have a choice. You can deal directly with ICBC or you can hire
a lawyer who will do this for you. All of the forms, statements and
other information required by ICBC to deal with your claim can be assembled
and prepared by counsel.
ICBC adjusters are professionals who represent the interests of the
defendant. The defendant is the person who hit you. Despite the fact
that you also have ICBC insurance, the payment of your injury claim
is covered by the ICBC insurance policy of the defendant. This means,
in most cases, that "your" adjuster is also the adjuster for
the motorist who caused your injuries. Who is working for you?
There is an inherent potential for conflict in this system because
the adjuster who is managing your rehabilitation under your no-fault
coverage also represents the defendant. Who is working for you?
An important part of your injury claim is the ongoing examinations
and treatment by your family doctor, specialists, and health practitioners.
In most cases ICBC will require that you attend an examination by a
doctor selected by them.
What you need to know about ICBC doctors.
One aspect of ICBC's approach to handling claims is the repeated
use of a small group of doctors to perform assessments and write medical-legal
reports.
- See a partial listing of the most popular of these
medical practitioners here.
2. Your vehicle
You must deal with ICBC directly about repairing your
vehicle.
The repair of your car
You must meet with an ICBC estimator at a claims centre to determine
whether your vehicle will be repaired or “written off”.
Once it has been determined that the car will be repaired, you will
be given a vehicle repair estimate form that you can take to an auto
body shop of your choice. It is possible that once repairs are commenced,
additional damage may become evident and ICBC will have to provide supplementary
vehicle repair estimate forms to authorize further work.
The replacement of your car
If it is determined that your car cannot be repaired, it will
be “written off”. When your car is “written off”
you will be asked to sign a salvage release so that ICBC can dispose
of your car. ICBC is required to pay you the market value of the vehicle.
The market value is determined by a database that tracks the classified
ads for similar vehicles in your area. When you meet with an adjuster
to finalize the value of your vehicle, it is important that you bring
with you all paperwork in your possession relating to recent repairs
and maintenance. If you are unable to come to an agreement with ICBC
about the value of your vehicle, there is an arbitration procedure that
must be followed.
Call us today at 604-682-3771 for a no-obligation, cost-free consultation. |