Suing an insurance company like ICBC means putting yourself at risk in a lawsuit and should only be done for good cause. There are 4 essential forms and documents you need before you sue the Insurance Corporation of British Columbia, ICBC, for refusing to pay injury benefits after a car accident. Here’s a checklist:
1. Accident Benefit Claim Form – The CL-22
To start an injury claim with ICBC a claimant must complete an accident benefits claim form. This forms part of what ICBC relies on when they open a personal injury file and approve benefits. There are personal injury cases where the claimant failed to include reference to an injury in the CL-22 Insurance Claim Application and the form was used against them. For example in Job v. Van Blankers, 2009 BCSC 230 the judge sated, “examination of the CL-22 form…reveals there would have been enough room to include a complaint about hip pain if indeed it was one of the symptoms. Ms. Job’s evidence on this point was entirely unsatisfactory, indeed argumentative, and I reject her explanation for not including it on the form. Moreover, I reject her complaint that hip pain was part of the injuries she sustained as a result of the accident.”
2. ICBC Statement or Written Report
If the injury claimant did not have a lawyer they will usually sign a written statement. However all that is required is a written report of the circumstances and consequences. Many an injury claimant has been burned by incomplete, inaccurate, or vague signed statements. For more about this form take a read of my article about making an accurate ICBC report.
3. ICBC Medical Certificate (CL-19)
The failure of ICBC to obtain a medical certificate, a power given to them by legislation, can help reveal bad faith or unfair dealing if it exists. On the other hand the existence of a CL-19 can also help prove what mandatory benefits ICBC must pay, which is helpful for the claimant.
4. Denial Letter from ICBC or Proof of Last Payment
You will need to prove that ICBC denied benefits that you were entitled to receive. Having correspondence from ICBC denying your claim can also be important to the running of limitations periods in a case to recover accident benefits.
This is by no means an exhaustive list and proper legal analysis of your particular situation will likely lead to further relevant documents. To learn more about filing a lawsuit against ICBC and to look at all your options you should checkout our article about when to hire a lawyer for an ICBC claim.