If you make a claim for accident benefits with ICBC, they have the right to select one of their own doctors to assess your injuries. This is in accordance with Section 99 of the Regulations of the Insurance (Vehicle) Act, which states:
An insured who makes a claim under this Part shall allow a medical practitioner, dentist, physiotherapist or chiropractor selected by the corporation, at the expense of the corporation, to examine the insured as often as it requires.
- The corporation is not liable to an insured who, to the prejudice of the corporation, fails to comply with this section.
If your claim is more than a straightforward personal injury matter, ICBC may well require you to see one of their doctors. Generally, ICBC uses doctors who are more conservative and who will provide reports that downplay your injuries.
For example, a common type of doctor used by ICBC to assess physical injuries is an orthopedic surgeon, because of their tendency to focus on clear, objective signs of injury. If no objective signs of injury are found by the doctor, he or she will predict full recovery within a specified timeframe. Because of this doctor’s report, your entitlement to accident benefits or compensation could be limited, since ICBC can use the doctor’s medical opinion to argue that your damages are less than what you claim.
If you have been injured in a motor vehicle accident in British Columbia, be sure you know exactly how to approach your appointment with an ICBC doctor. Contact the experienced car accident lawyers at Stephens & Holman today to protect your right to fair compensation.