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INJURYwise

ICBC anti-fraud campaign

ICBC recently launched its anti-fraud campaign, and needless to say, I am less than impressed.  At first I thought it was just a simple news article, but then I heard the radio ads. They call it the ICBC Hall of Shame, and the first example listed is a man who says he can’t help his wife do the dishes but he can lift some boxes.

If you have recently been injured and ICBC has not called you, responded to your email, or provided you with desperately needed financial assistance (i.e. you do not know how you are going to pay your next month’s bills because you are unable work as a result of your accident), I am sure you are as thrilled as I am that ICBC has chosen to invest money in advertising campaigns about fraud instead of helping innocently injured victims in need of assistance.  

Most ICBC claims are NOT fraudulent

Just to be clear, there is no question that fraud is wrong, and I appreciate that it costs the corporation money. I also accept that it is important for ICBC to investigate claims they feel are fraudulent. 

However, in my opinion, ICBC’s ad campaign is not about fraud. It is smoke and mirrors. It is about stigmatizing injury claims, trying to create fear in the innocent claimant and laying the publicity ground work for the next insurance rate hike or some other controversial plan. 

Quite simply, intended or not, it is a distraction from the real issues within ICBC that you should be concerned about. The reality is that the large majority of claims made with ICBC are not fraudulent (ICBC admits this). They are innocent people who deal with ICBC in good faith. They deserve help, justice, and the proper, timely administration of the insurance scheme that we must all buy into for the privilege of driving.

Outdated practices cause damage

The real issues that should be front and centre for ICBC (where money should be spent, policy changes made, and media attention given) are not fraudulent practices, but what I view as unfair, unreasonable, and outdated practices of ICBC. 

Practices such as:

Not providing timely assistance during your hour of crisis.

Denying you or your family desperately needed rehabilitation services and financial assistance when they are legally obliged to provide assistance. A Layman’s Guide to ICBC Part & Benefits

Keeping benefits down at historical rates so that you have to pay user fees you cannot afford.

Advising you that you don’t need a lawyer. ICBC says I don’t need a lawyer

Arbitrarily cutting off your treatment.

Advising you that you do not have an injury claim when you actually do. Do I have an ICBC claim?

Taking advantage of your financial crisis and offering to settle your injury claim for a small fraction of your claim’s actual value.

Trying to settle your claim before you have recovered or reached maximum medical improvement. When should I settle with ICBC?

Forcing your case to go to trial when they know, and their own experts have told them, that your case is worth more than what they are offering.  

The above examples are some of the things that I have personally witnessed in my practice.  And while I will not go so far as to say that ICBC is the one acting fraudulently, I will say that if ICBC treated everyone fairly then people would not need to hire lawyers. 

Now, if you are one of the lucky ones, and your claim lands in the lap of a seasoned and compassionate staff member within ICBC, you may not experience these unfair practices, at least not initially. 

Until ICBC decides to address these very real issues, if you do not want to be taken advantage of, you need to educate yourself on your rights, and advocate for yourself or hire a lawyer to do it for you. 

This article is written by or on behalf of an outsourced columnist and does not necessarily reflect the views of Castanet.

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About the Author

Keri Grenier is an experienced personal injury lawyer based at Murphy Battista LLP's Kelowna office. She also holds a B.A. in psychology. Her practice focuses on helping people who have been injured in motor vehicle accidents or due to the negligence of others.

In her column, Keri provides practical information about personal injury claims in a format that is simple and easy to understand.

Email: [email protected]

Website: http://www.murphybattista.com
 

Twitter:  http://twitter.com/KelownaLawyer



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The views expressed are strictly those of the author and not necessarily those of Castanet. Castanet does not warrant the contents.

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