If you were injured in a motor vehicle collision in British Colombia, you know your next step should be to file a personal injury claim with ICBC. But what happens if your ICBC claim is denied?
Here are some reasons ICBC might deny your claim:
Missed deadlines, failure to complete or improper completion of forms
You are required to provide ICBC with written notice of your accident within 30 days, and you have 90 days to complete the Insurance Claim Application Form. If you fail to meet those deadlines, ICBC has the right to refuse payment of benefits. As part of your claim, ICBC may request medical certificates that outline the nature and extent of your injuries as well as the course of treatment. If you do not provide this information, your claim may be dismissed.
Before you submit a claim, create a checklist of all the required forms. Also, proofread all your documents to ensure they have been completed correctly.
The Insurance Act states that all claims are invalid, and a claimant forfeits their right to compensation if the applicant knowingly misrepresents facts in the case. For example, if ICBC believes you are claiming for non-existent injuries or if they think you exaggerated your injuries because your medical records do not match your claim, they may refuse to compensate you.
It is also crucial that you seek medical attention immediately following an accident. Failure to do so can give ICBC leeway to deny your claim by stating that if you had been genuinely hurt, you would have seen a doctor right away.
Pre-existing conditions or unrelated post-accident health concerns
If there is evidence to suggest that your accident was caused due to a pre-existing condition or that your injuries resulted after the accident due to unrelated circumstances, ICBC may reject your claim. This argument is more likely to be used if you did not seek medical care right after your accident or if you are trying to prove your pre-existing condition was aggravated by the incident.
When to consult an ICBC lawyer
The ideal time to consult an ICBC lawyer is before you file a claim. An ICBC lawyer can help you gather evidence to help prove your claim and ensure you correctly complete the requisite forms.
If, however, you have already submitted a claim that was denied, an ICBC lawyer can help you to identify why. While refused claims are sometimes caused by reasons that can be easily rectified, at other times, a claim is denied due to complex matters or rejection could be an indicator of bad faith by ICBC. Whatever the reason was for your claim being denied, working with an experienced ICBC lawyer will increase the likelihood of your case being successful when you resubmit.
Are you searching for an ICBC lawyer in Surrey?
If you are searching for an ICBC lawyer in Surrey, contact us at Nirwan Law Corporation. At Nirwan Law Corporation, we will handle all aspects of your claim, including negotiating with ICBC, referring you to appropriate specialists to prove your claim and, when necessary, litigating on your behalf to get the money you deserve.
When you choose to work with us, we will give personal attention as we fight to protect your rights. The initial consultation is free, and if we take your case, we will not charge you legal fees unless we win.
So, what are you waiting for? Give us a call today to schedule a meeting with our Surrey ICBC lawyer. Let us show you how we can help.