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Feb. 8, 2013
Will it help or will it hurt?
What you need to know when dealing with ICBC injury claims.
JEFF WITTEN
I have confession to make. The majority of the advice I give my clients concerning their Insurance Corporation of British Columbia (ICBC) injury claims is pretty simple stuff – most of it is actually common sense. That being said, it took me many years to figure it out myself. So, rather than leaving you to suffer the potentially painful consequences of trial and error, I thought I would let you in on some of the most crucial “case helpers” and “case killers.”
Case helper: make sure to take pictures
As the old saying goes, “one picture is worth a thousand words.”
If your vehicle suffers a lot of damage in your accident, take pictures. Photos of your car (all mangled up) will support what you said about being hit really hard.
If you suffered cuts, abrasions, bruises or any other visible injury as a result of your accident, take pictures. Photos of your injuries, when they are at their worst, will confirm what you have to say about the pain you’ve suffered.
“ICBC already took pictures,” you say. Oh boy! Don’t rely on ICBC’s photography skills. ICBC’s pictures often significantly understate damage sustained by vehicles and the injuries suffered by people.
The bottom line here is you (or a loved one) need to get a hold of a quality camera and ensure that your pictures truly tell the story.
Case killer: not seeing your doctor
If you’ve been injured in a car accident, you need to see your family doctor on a regular basis. Or, to put it another way, if you have a long lapse between doctor appointments, you’d better have a darn good explanation. Remember, it’s the injured person’s responsibility to prove that they have suffered an injury or loss.
You may have a variety of very good reasons for being reluctant to see your family doctor on a regular basis. It could be that going to see the doctor takes a big chunk out of your day. Maybe the magazines are old. Perhaps you find that your physiotherapist, massage therapist or chiropractor do more for you than your family doctor. The bottom line here is simple: both ICBC and a judge will usually make the assumption that if you didn’t see your family doctor on a regular basis, it’s because you weren’t having problems of any substance.
Case helper: keep track of missed work
If you’ve missed work because of your injuries, you need to write down the dates and hours that you’ve missed.
In my experience, your employer may be far less concerned about keeping track of the information required to support your wage-loss claim than you are. In order to prove your claim for lost wages, you’ll need to get a letter from your employer. And if he/she has not kept track of your time off work, you’re in trouble. Remember, “God helps those who help themselves.”
Case killer: secrets from your lawyer
If you suffered an injury prior to your car accident that affected your health, your ability to work or any other aspect of your life, you had better tell your lawyer. In my experience, this type of thing comes out sooner or later.
If your lawyer is aware of the problems you had prior to your accident, he/she can prepare your case with this in mind. In fact, depending on the circumstances, the fact you had a particular problem prior to your accident may make your claim a more significant one. However, if your lawyer is unaware of your pre-accident difficulties, he/she won’t have the ability to structure your case in a way that takes this into account. The result may be that the entire strategy that your lawyer relied upon when preparing your case falls apart.
Here’s the thing, if you fail to let your lawyer know about an injury or health condition from which you suffered prior to your car accident, you may have dug a hole right in the middle of your case.
This article is intended to be informational in nature, and it reflects the opinions of the writer. The information in the article is not offered as legal advice and it does not create a legal attorney-client relationship. You should seek the legal advice of a qualified attorney about your particular matter.
Jeff Witten is a personal injury lawyer with the law firm McComb Witten. He writes extensively on matters of interest to car accident victims. If you’re interested in discussing this article or in obtaining copies of other articles, reports or newsletters, contact him at [email protected] or 604-255-9018.
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