The answer is that no injury claimant is required to give ICBC their complete medical file. Do not share your Medical Records with ICBC. When making a claim for accident benefits ICBC is legally required to properly investigate. Therefore, ICBC will require a report, not records.
The ICBC report might indicate your prior medical history. ICBC may use this to deny some or all of your claim. Knowing what medical history to disclosed to ICBC can be critical to the successful outcome of the injury claim.
Caution is key a personal injury lawyer advocating for the injured, before disclosing a medical document. I want to make sure it is relevant, reliable and required. Before litigation the requirements for disclosing medical records are less strict. After the lawsuit is started ICBC can seek a court order requiring production of your medical file.
Here are three tips for deciding what medical records to share with ICBC before a lawsuit is started:
Who is Required to Share Medical Records with ICBC?
1. Relevant- Your family doctor may rely on chart notes or examination to complete the ICBC report. As long as your doctor has produced the report as is legally required you will not have to disclose medical records to ICBC. If there is a complicated medical history, further disclosure may be in your best interest. A personal injury lawyer will know what best to do in this circumstance.
How to give Best Evidence to ICBC?
2. Reliable- ICBC verifies that the medical opinions and treatment recommendations are valid by getting the healthcare providers to complete reports in the prescribed forms as is required by law in British Columbia. Clinical or therapy records need to be complete and getting certified copies is the safest but most difficult option. Family doctors will often receive consultation reports from specialist and these reports form part of their records. If necessary get a copy of these reports from the GP to confirm that the doctor had the report at the material time. The specialist’s medical records may also have to be ordered directly as it may be more reliable as a record of that appointment. Disclosure of these more reliable sources of medical treatment can be required later in the litigation.
Does my Doctor have to Share with ICBC?
3. Required- To obtain ICBC injury benefits your family doctor or treating physician may be required to provide information to ICBC in a prescribed form. The legislation does not, as a whole, require claimants to produce any medical records but rather a claimant must consent to undergoing certain medical examinations. The doctors are then required to produce documentation to ICBC when an official request is made.
Learn more about what needs to be disclosed to ICBC by watching our short videos about the required ICBC medical examination after a car accident.
Posted by Personal Injury Lawyer Mr. Renn A. Holness, B.A. LL.B.
Hello Renn, thanks for all your postings, these claims sounds way more complicated than I expected. Question, these CL19 exams, in addiion to an initial one up-front, does ICBC require them ongoing, throughout the healing period? Thanks Robson.
The law says, “whenever the corporation requests”. Note this is a requirement for the Doctor to provide a report to ICBC and not the claimant. So multiple CL-19s can be ordered without the claimant having to attend each time. It appears that ICBC changes their policy from time to time as to how often they order CL-19s.
Can the ICBC or its lawyer assess or take possession of a consultant report from my treating specialist without my permission? I have not signed any consent form for disclosing my medical report to the ICBC or its Lawyer.
No, unless a lawsuit has been started and the disclosure is under a court order.
Myself and my daughter were in a car accident last month. The other driver took 100% fault. I have filled out the paperwork but concerned about signing the medical form that ICBC has requested I sign. This indicates that h th day may go into my medical history before the accident. I was informed not too by my son, but needed to be sure. So by reading your comments, it looks as tho I should not sign and give ICBC this form.
I feel that my past medical history has nothing to do with what reports and info they need that is pertinent to the accident.
I realize they now have a CAP for pain and suffering at $5500.00 so Im told. I hope I am doing the correct thing in my case. However my daughter did not get this form, she is 23 years of age. Any reason why ?
Thank you for any advice
The Accident Claim Form( CL-22 ) is the principle ICBC form that requires the injury claimant’s signature. This should be completed within 90 days of the accident. Other ICBC documentation will have to be completed and possibly signed if you are involved in a hit and run, uninsured motorist accident, under-insured motorist accident, or have a wrongful death claim. Your past medical history can only be relevant if it impacts you car accident injury or was an ongoing impairment before your car accident injury. Unfortunately, ICBC has not been consistent with having people complete the CL-22. As you have experienced, some are asked to complete the form and others are not. As longer as there is no prejudice to ICBC the form can be completed after 90 days.