ICBC Legal Assessment

Fault assessments, as well as medical assessments, can play major roles in defining the outcome of your ICBC claim as well as the respective injury compensation amounts.  Attending all your appointment is key to helping showcase the severity of your issues. The doctors you work with, as well as the named person at fault both have large impacts on the success of your case.

The ICBC can legally assess for fault and can provide you with a doctor for your medical assessments. ICBC doctors may be inclined to provide a more favourable assessment for the ICBC. Contact a professional ICBC lawyer to ensure you are not taken advantage of during your incident assessments.

At Ng Sidhu Law, we have experience helping clients with each step of their ICBC claim. We can help ensure that your medical and fault assessments are completely fair. Contact Ng Sidhu Law today to book a free initial case assessment.

Fault Assessments

The fault assessment determines which driver was at fault for causing the collision. The ICBC states that they base their determination on the Motor Vehicle Act, the rules of the road and previous court decisions.  ICBC adjusters first obtain information on the crash. This is accomplished by taking your statement, as well as statements from passengers, witnesses and the other drivers involved. The ICBC can determine fault, but the court has the final say in who is liable for the crash. If you do not agree with the fault assessment, you can appeal the decision. It is not recommended to speak with an adjuster or to proceed with your ICBC claim without first talking with an experienced ICBC lawyer.

Medical Assessments

The ICBC has the right to provide you with a doctor of their choice. Part VII benefits, Section 99 of the Regulations of the Insurance Act states that the ICBC has this right. The ICBC largely works with orthopaedic surgeons, as these individuals tend to focus on identifying clear signs of serious injuries. If the signs are less than obvious, an assessment that points toward a full recovery is likely. This assessment ruling can lead to lessen settlement amounts. Consult with a legal professional before engaging in your ICBC medical assessments process. Lawyers can make arguments for fewer attendance requirements, identifying your own doctor for assessments and in requesting the assessment is also done for the tort claim.

Common Assessment Mistakes

Small mistakes in your ICBC interactions and statements can lead to lower settlements. Avoid making these common ICBC assessment mistakes.

  • Forging legal services – Many individuals forgo a lawyer for fear of fees and that their services won’t help. The truth is that most law firms meet with you for free, receive compensation based on your settlement amounts and can often help you get up to 25% more in settlement compensation.
  • Attending assessments a multiple of times – It is recommended to work to limit your assessments attendance requirements. As the more assessments you receive from an ICBC appointed doctor, you more likely the assessment outcome will not be in your favour.
  • Not attending assessment appointments – Missing your assessment appointments can showcase they you aren’t that interested in finding the extent of your injuries and or that the injuries are not that serious. These absences can be used later against you in settlement determinations or in court.
  • Accepting the initial settlement offer – The initial offer that the ICCB offers you will likely be less than you deserve. The ICBC looks to minimise your claim to make the organisation more money. Professional ICBC lawyers can help you get the settlement value you deserve.