Not exact matches
We are nearing the end of my five column series about
ICBC claim negotiation tactics: tactics
used by insurance companies to manipulate unsuspecting victims in the negotiation of personal
injury claims.
BC
Injury Law And
ICBC Claims Blog Subjective Soft Tissue
Injuries And Judicial Scrutiny Last year I criticized the often recited judicial passage stating that «``... the Court should be exceedingly careful when there is little or no objective evidence of continuing
injury and when complaints of pain persist for long periods extending beyond the normal or usual recovery...» and pointing out that these comments should no longer be
used given Supreme Court of Canada's reasons in FH v. McDougall.
If you have been injured in a motor vehicle accident and are seeking compensation for your
injuries, you should know that
ICBC can and will search your Facebook, Instagram and other Social media accounts to find evidence to
use against you.
A signed statement is more likely to be
used by
ICBC to defend your personal
injury claim that to determine your entitlement to Part 7 Benefits.
Without legal help, they can insist upon a meeting, making it unavoidable; but with the assistance of a personal
injury lawyer, rest assured that we will negotiate with
ICBC on your behalf so you can avoid the risk of them
using any information against you.
There has been much criticism of this rule over the years and BC personal
injury lawyers seldom
use this rule to advance
ICBC claims to trial.
The lesson that should be taken from this case is the importance of minimizing your social media presence while in the midst of claim for personal
injuries, because even if you are a completely honest and credible person, a seemingly innocent social media post could be
used against you by
ICBC.
The Plaintiff, in the context of the
injury lawsuit, sought production of the surveillance and the investigator's report but
ICBC refused to produce this arguing it was privileged being created for the dominant purpose of
use in the (at the time contemplated)
injury lawsuit.
ICBC has recently began to
use its» power, after
injury claimants accept an offer of settlement, to refuse
injury claimants the cost of... Continue reading →
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Injuries an Issue with Bike Lane
Use in Vancouver -
ICBC Statistics Unhelpful «Holness Law Group Blog
They will
use any information that you tell them, either orally or in writing, against you at the first opportunity they get in an effort to diminish the value of your
ICBC injury claim.
The Defendant, on the other hand, relied on the opinion of an «independent medical examiner» who
ICBC frequently
uses in the defence of car accident
injury claims (Dr. Schweigel).
Once
ICBC gets the diary there can be plenty of evidence in it to be
used against you in the
injury claim.
ICBC has developed a form called an «Accident Benefits Application Form» (CL - 22), which is generally
used to provide the required information of the accident and of the
injury or death.
ICBC will
use this lack of treatment to suggest that you have not been seeing your family doctor because you have recovered, or, alternatively, your
injuries are so minor that it was not necessary for you to go see a doctor.
The medical authorizations and the wage / employment authorizations are again intended more for
use by
ICBC in defending an
injury or death claim than in determining if a person is entitled to Part VII benefits.
He or she will work against you, and will
use anything you have told
ICBC to minimize payment for your
injuries.