Statements made to the Insurance Corporation of British Columbia, ICBC, in writing, on the phone, online or in person are vital to a claim for accident benefits and can affect a subsequent claim of negligence. Any reply to the ICBC’s request for information must be accurate, and as is seen in a recent ICBC forfeiture of benefits case, true.
Personal injury lawyers should be aware that prior to its repeal in 2008, section 67(10) of the Motor Vehicle Act stated that “Every report made under this section is without prejudice…and must not be open to public inspection..” That however is no longer the law and every relevant statement may now became evidence at a further civil trial, even comments claimant have made to ICBC on the phone or by email.
When a claimant comments or describes a car accident to an ICBC representative the following written report generated by ICBC may not be accurate. Ask ICBC for a copy of your ICBC dial-a-claim statement so you know what was written and you can request changes under the Privacy legislation. Review my article on making an accurate report to ICBC.
Following a motor vehicle accident the insurance declarations for benefits and other remarks, including announcements on social media, made by claimants can form part of the overall evidence respecting a claim for damages and losses. The claimant need only provide the information required in the prescribed ICBC forms. Watch our short video on making an ICBC statement, take some time to read more of our articles and call a lawyer!
Posted by Personal Injury Lawyer Mr. Renn A. Holness, B.A. LL.B- ICBC Injury Lawyer in Vancouver since 1995 working for the claimant not ICBC.