ICBC Medical Examinations
Medical assessments and examinations conducted for the Insurance Corporation of British Columbia, ICBC, will have profound implications on any personal injury claim. Here are some important requirements that must be in place before an injury claimant must attend at an ICBC doctor:
1. Being an ICBC Insured
Being insured with ICBC is defined as including: a person named as an owner in an owner’s certificate; a member of the household of a person named in an owner’s certificate; an occupant of a vehicle that is licensed in the Province; a cyclist or pedestrian who collides with a vehicle described in an owner’s certificate; or a resident of the Province who is entitled to bring a hit and run or uninsured claim for injury or death. An insured includes the personal representative of a deceased insured.
If you are not an insured you are not required to attend the ICBC medical appointment.
2. Making a Claim for ICBC Accident Benefits
The fact is, if you are an ICBC insured who makes a claim, you must allow a medical practitioner, dentist, physiotherapist or chiropractor selected by ICBC, at ICBC’s expense, to examine you as often as it requires. ICBC will not be liable to an insured who, to the prejudice of ICBC, fails to comply with this requirement.
Where an accident occurs for which benefits are provided an insured must promptly give ICBC notice of the accident not later than 30 days from the date of the accident, mail to ICBC by registered mail, or deliver to the nearest claims centre of the corporation, a written report on the accident with particulars of the circumstances in which the accident occurred and the consequences of the accident. And within 90 days from the date of the accident furnish ICBC with a proof of claim in a form authorized by the corporation. ICBC is not liable to an insured who, to the prejudice of the corporation, fails to comply with this section.
3. Timing of ICBC Benefits
Once you are an insured making a claim for benefits ICBC can therefore require that you attend at an ICBC medical examination. However, there are limits and exceptions to the requirement to attend ICBC exams which are beyond the scope of this article.
ICBC Benefits must be paid in the case of weekly benefits, within 4 weeks after it receives proof of claim, and thereafter at 4 week intervals if the insured complies ICBC requests, and in any other case, within 60 days after it receives proof of claim. So if you do not comply with ICBC’s request that you attend for a medical assessment they may cut off your benefits. Also if ICBC does not pay benefits then they may not have the power to force you to a medical examination. Legal advice should be sought before you refuse to attend any medical assessments even if ICBC is refusing to pay benefits.
To learn more about ICBC medical examination watch our short video about ICBC and medical exams: