YOU AND THE LAW® DOCTOR SHOPPING BY ICBC NOT ALLOWED If you're hurt in a car crash, you should see your doctor. And if you can prove the accident wasn't your fault you'll likely be able to get compensation for your injuries from the person at fault or their insurer, usually ICBC the court will step in to prevent unfairness. Here's one recent example. A car crash victim who badly hurt and suffered various injuries including a traumatic brain injury underwent two "independent" How much compensation? That depends on how badlymedical examinations by ICBC-selected medical e hurt. The opinions of medical experts onexperts, including a psychiatrist. ICBC then wanted a the nature of the injuries and your future prospects ofneurologist to do a third "independent exam, without recovery are crucial in helping the court decide on what compensation it should award for loss of life enjoymentexaminations (and any other losses like costs of future care). They'reICBC applied for a court order requiring this third also important in helping your lawyers trying to settleexamination your case for fair compensation. giving the victim the reports from the first two . When the victims lawyer s said "no The accident victims lawyers argued in court that another report for ICBC was excessive. They pointed Under the terms of your policy, ICBC has the right to get your brief doctor's report despite any doctor-patientout that ICBC hadn't handed over the reports from the confidentiality and even if you don't consent. If youv gone to court for compensation, ICBC also has the right to have you submit to one or more"independent medical examinations by physicians of its choice where the defendant in your lawsuit is insured and defended in court by ICBC, as is usually the case). first two independent medical exams and suggested that ICBC was "doctor-shopping" for a more favourable medical expert opinion. ICBCs court application rejected, and ICBC wasn't allowed the third medical exam. Thats because in your lawsuit, you will normally present your doctor's medical opinion(s) as evidence of the diagnosis of your injuries and the prognosis for your recovery. To "level the playing field" and counter any perceived favourable bias, ICBC is allowed to have its own medical examination(s) conducted for thos purposes too. What medical exams are appropriate and what can be demanded and what can be refused isn't straightforward. If youve been njured in a car accident, make sure you get legal help early on from an experienced personal injury lawyer who can make sure your legal rights are protected. This column provides information only and must not be relied on for legal advice. Please call Doctors and medical professionals for both sides areStephen W. Turner at 250-868-8801 for supposed to be impartial. They're supposed to offerno obligation, initial consultation expert opinions that help the court. And they're not supposed to be advocates for "their" side. Sti, the amounts a stake in accident injury cases may huge-and when one side oversteps the aims of the rules, registered trademark. OJanice and George A your free, Written by Janice and George Mucalov, IL,B.s with contribution by Stepen W Turne Lawyer Janice Mucalov beis an award-winning legal writer "You and the Lau" is a calov SSTEPHEN TURNER LAW Personal Injury Law ICBC CLAIMS, DON'T GET HURT TWICE 508 Doyle Ave., Kelowna law@stephenturnerlaw.ca Call For Free Initial Consultation