icbc injury claim accident
 

i got in a car accident few months ago and my adjuster said i have 2months to go to therapy in which icbc will cover. i went to physio for awhile and it didn't help me. so now i want to try massage therapy or something else and my adjuster said no u had 2 months for that. but my doctor said i shouldn't try physio and massage at the same time. i don't have a lawyer, what can i do this about this? can i get a different adjuster? my adjuster just wants me to settle, but im not recovered.

getting a different adjust won't help you. if you are still injured then you need to get a lawyer. take the advice from your doctor and get whatever therapy you require but keep receipts for everything. if you can photocopy the referal notes from your doctor to the specialist, you can bring them to your adjuster.

and don't settle, talk to a lawyer. they will charge 40-50% of your settlement but won't charge anything until the case is closed.

I think the going rate for most lawyers is 33%. You have 2 years from the date of your accident to settle, so take your time. I waited until 1 week before the deadline to start my fight against ICBC. Go to your doctor on a regular basis...just be honest. If you are not at fault, and ICBC has ruled 100% in your favour then you have nothing to fear. It may take time, but your settlement may be larger if you are patient. I got much more than I would have gotten had I not waited.

Were you hurt badly? Of course, how much you are entitled to depends on your injuries.

It's actually a law that they aren't allowed to charge more than 33% of the total settlement. But like Senna and Autorice are saying, get a lawyer.

is this confirmed? no more than 33%/

Well considering that's what the lawyer told me when I went in for a consult week before last, I'm going to go with yes.

will me getting a lawyer give me more rights, such as icbc paying for my rehab. massage etc? If i dont want a lawyer whats the best approach? When my adjuster makes an offer i should say no is to low? should i tell my adjuster im thinking of getting a lawyer, so that way my adjuster will consider paying for more therapy?

Those are all questions a lawyer can answer in a free consultation.

Or you can go to the UBC free legal advise site.

what is your guys' take on a 50/50 settlement?

should the victim still bother with a lawyer even though it's a 50/50 settlement

(No witnesses) and there's no real way to argue to win a 100/0 settlement?

i just talked to icbc today about my accident

what the guy explained to me was ICBC can't tell you not to listen to your doctor's orders.

if your doctor recommends or tells you to get massage therapy they can't really say you're not allowed to, and if you're the victim they should cover it

at least that's how the person i was on the phone with explained it to me.

What you should do is talk to the lawyer and ask them how much do you think you will get?

ie. ICBC wants to settle for $5000.
Lawyer thinks you can get $9000.. after 40% fees = $5400

is that $400 worth it?

you should try to figure out the quotes before you make a decision!
hope you're okay and recover 100% good luck!

That's where the gray area would be. I was in the same situation, I was allowed to go to my allocated 8 sessions with my chiropractor after my accident. After that, even with consent from my chiropractor to continue my treatment, the adjustor wouldn't allow it. He said the chiropractor is a business as well and they're just trying to make money, however, isn't ICBC a business just as much as the chiropractor firm is?

I'd double check because of course ICBC can't tell you not to go to treatment, it's just a matter of whether they'll be willing to pay for it.

It's not up to them.

it's up to your doctor. go see your doctor, if your docotor says you need more sessions icbc can't decline. after you're allocated amount of sessions you have to get like re-evaluated or something at the doctors, which was true with my case.

hope that's helpful

A friend of mine was in a serious accident (rear ended) and suffered serious back and neck injuries which prevented them from working or sitting. ICBC said they would offer $2k take it or leave it. My friend hired a lawyer and 4 years later (yes, 4, I don't know how ICBC managed to drag it out that long), they got $130k (minus 30% for lawyer).
Another person I know was hit twice by a car while crossing the sidewalk (in the span of 2 years), they had to be in the hospital for a month in one case and a week in the other (both cases it was the drivers fault). ICBC offered $2k (as usual) and they took it (needed money because they couldn't work). They could have easily got $200k plus if they hired a lawyer.

NEVER SETTLE ON YOUR OWN WITH ICBC. Go to another doctor and get them to give you something to show that you need more sessions. ICBC uses all the doctor stuff against you, so make sure your doctor is 100% on your side.

Lol they offered my 2k too. Obviously declined.
Just waiting out the two years to see how their offer pans out
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I told my adjuster that my doctor recommended massage therapy, my adjuster said no its our "policy" that we cant cover after 2monthes of accident. She also said if you think massage therapy will really help you, you should spend your own money on it and at least you will get better. Adjuster said shes ready to settle, i told her id think about it i dont know the offer.

that's shitty to hear,

iuno what their rules are for massage therapy

but i was allocated 12 sessions for physio and i ended up using it all
revisiting my doctor and doing another 12 sessions. and it was all covered and ICBC was okay with it.

it also depends on the severity of the accident i suppose.