Tuesday, January 3, 2017

Top 10 ICBC Claim Mistakes - Tip of the Month #1




TOP 10 MISTAKES TO AVOID WHEN MAKING AN ICBC CLAIM

Mistake #1: You Do Not Get All The Treatments You Need

ICBC often stops funding treatments even though your family doctor supports further rehabilitation (massage, physiotherapy, chiropractor, active rehab etc.). For example, after the first 20 physiotherapy sessions, your doctor and physiotherapist support another round of 6-12 sessions. The ICBC adjuster denies coverage for the further treatments. 

The biggest mistake is that you stop attending treatments because ICBC said so. 

You have a duty to mitigate your damages and ICBC is setting you up for failure, as they will later argue that you didn't follow the advice of your doctor and treatment provider to get better. The court and ICBC will not buy the argument that "ICBC stopped approving the sessions, so I stopped going".  

To learn more about your options to get more rehab, see previous post on "What to do when ICBC says NO or REJECTED": click here

To learn more about the "duty to mitigate", see previous post on the issue of mitigation: click here

This can get tricky and it is best to consult with an experienced personal injury lawyer, like Perminder S. Tung.





ICBC Lawyer
Partner
Lindsay Kenney LLP
778-289-9513
ptung@lklaw.ca 

Do you have questions about your ICBC personal injury claim or accident?  If so, click here arrange your free consultation with  ICBC Claims Lawyer Perminder S. Tung (Services provided for ICBC injury claims throughout all of BC: Vancouver, Surrey, Langley, Burnaby, Richmond, Abbotsford, Chilliwack, Tri-city area and all over BC)



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