HELP: ICBC decided but now harassing our family

[Akura]

Posting 2 threads hoping to get input from Police Community/RCMP/VPD on the forum; taken from here:

http://www.revscene.net/forums/56957...ccident-2.html

Sorry for resurrecting an OLD thread, this is the closest I could find to my case with ICBC.

Incident: January (mid), 2013
Location: Kingsway & 12th
Time: Morning

Just to give a little background to the case, it was slippery/icy road that we had at the time, and it was during rush hour heading west (downtown) that incident happened. I had been cruising on the far right lane and just before the intersection (red stop light) I saw this lady in centre lane having difficulty in braking, suddenly changed lanes and cut me off, which - as you might have guessed - a collision.

We both went to ICBC (separately) and I provided HD video recording after the incident, and a rep decided it was 100% her fault, confirming via telephone and I thanked her via telephone + email (still have records). Case closed and our family moved on, now an ICBC Special Investigations Agent starts harassing us by calling home, cellphones, and even come to our workplaces, saying that case is not completed.

I have deleted all pictures and HD recordings because the case was closed, now ICBC seems to not standing by their own decision. Not only that, it has caused us a lot of stress and problems with colleagues.

Questions:

- What are my rights in this case?
- What are the chances ICBC overturned their own decision?
- How much would hiring a lawyer cost to defend myself, and to sue for all these problems they have caused our family?

ANY HELP APPRECIATED! THANK YOU

[eurochevy]

rule #1 NEVER delete / get rid of past accident info etc related to the accident...also in terms of them ruling 100% not your fault. get a lawyer and they should be given access to all of icbc's info that they have as well..should go away fairly quickly

[Akura]

^Thanks for the comment. Well the case has been "concluded" / "finalized" and I confirmed it too, showing gratitude thanking them for what they have done for us. Does anyone have recommendation on good lawyer then?

[tool001]

when u say u provided ,... what does that mean>>??

i was involved in an accident.. i provided my case manager with a cd/dvd of the conversation.. (of course i save multiple copies)

so what u mean provided..


also did u get icbc letter saying case closed and findings?

[zulutango]

If you were the victim of a crash and they decided in your favour and closed the case then I can't understand why they are " harassing us by calling home, cellphones, and even come to our workplaces, saying that case is not completed." Things just don't make sense.

I have never heard of ICBC SIU going after someone who was the 100% innocent victim of a crash??? SIU investigates fraud and they would have retained the video in their file, at least for a period of time.
There has got to be more than what you have told us. If you have legal concerns then you should get professional legal help.

[Soundy]

Ummm....have you tried contacting your original adjuster from the case, and confirm this is actually an ICBC employee that's calling?

"calling home, cellphones, and even come to our workplaces" doesn't sound like something a professional investigator would be doing, especially if you're talking about multiple workplaces for multiple members of the family.


Not being an SIU investigator, I can't say for sure, but it seems to me if that was really the case, this person would be talking to the driver involved, not pestering everyone around them.

[Akura]

Thanks for all the inputs. So far I've been dealing with 3 ICBC rep's by email and telephone, now 4 including the ICBC SIU. On the day ICBC rep concluded the case, they said ICBC is 100% in favour of us and they admit we are the victim.

After all was said and done, the same rep called and mentioned she wanted to look at the recording again, which has obviously been deleted. How professional is that?

Anyhow, am meeting the ICBC SIU on Monday morning. In the meantime, if anyone has any GOOD advise or HAS EXPERIENCE in this, please PM me. Thanks.

[Bainne]

As mentioned, SIU's primary target is insurance fraud.

Were there injuries you claimed as a result of the collision? It's very likely it could have nothing to do with the fault of the collision at all, but claims that came out of the collision.

[beproud]

Sorry to hear, Goodluck and I hope everything works out for you eh
Posted via RS Mobile

[Akura]

^ Thank you, sir.

Anyhow, I've gone to see 2 lawyers for this case and based on their testimonies, ICBC employees have been on STRIKE for the last 6 months. Hence the delays and confusion in having so many different reps handling the case, asking the same questions over and again. FYI for those who currently is dealing with ICBC. Hope this helps.

[Anjew]

how did you give them the recording? was it loaded on your PC?

[jack3d]

use a recovery software and recover the deleted files

[entrax]

just like the CRA mentions when you file your taxes: you are to keep your records for five years in case they want to audit you.

recovery software (i suggest getting it professionally done unless you've done that before) may be your best friend. KEEP the receipt and or take screenshots of you recovering files, as ICBC is going to wonder well why the hell did you tell us you didn't have the video anymore, and ask more stupid questions.

[Anjew]

if it was burnt on a DVD go check your burning software cache folder. if email, check your sent items folder.


and if the file was on your main drive its best to stop using it for now until you do the recovery. normal usage involves some writing on to the drive which may potentially write over the deleted(technically hidden) file.

[Graeme S]

If you gave them the recording and they're now saying you're at fault, aren't you allowed to ask for the evidence that helped them decide that? Can't you get the file back from them? Or are they saying they lost it? Or did you not provide it to them in the beginning?