Top 20 Arguments ICBC will try and use to Defeat your Claim
The arguments ( the legal term is "defenses") ICBC uses to try and defeat or minimize injury claims are entirely predictable.
So if you've been hurt in an accident and have a claim with ICBC you can expect to see these STANDARD ARGUMENTS/DEFENSES coming at you.
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Learn about what you can expect to see coming at you !!
Here you go:
1. You weren't wearing a properly adjusted seat belt;
2. Your headrest wasn't properly adjusted;
3. Your ability to drive was impaired by alcohol, drugs and/or fatigue;
4. Your vision is defective ( and to take it a step further you weren't wearing your glasses/contacts);
5. You were talking on a phone/texting/eating/drinking etc.
6. Your driving was impaired by illness;
7. You weren't paying proper attention to your driving ( and you could have avoided the accident if you had);
8. Your driving didn't take into account weather/road/traffic conditions;
9. You were speeding;
10. The other driver has a different version of events;
11. An ambulance didn't attend at the scene;
12. You didn't complain of injury at the scene of the accident;
13. You didn't seek medical attention within the day or two following the accident;
14. No one else involved in your accident was injured;
15. Your doctor didn't recommend physiotherapy or massage;
16. All your complaints are related to injuries/medical problems which you suffered from before your accident;
17. All your complaints stem from an injury which you suffered after your accident;
18. Other things going on in your life are to blame for all your complaints ( marital, family, work, business problems etc.)
19. You didn't advise ICBC that you were injured when you called Dial-A-Claim to report you'd been in an accident;
20. Your statement to ICBC doesn't talk about the injury you're now complaining of .
There you go.
And you should understand that ICBC has a detail set of tactics that they use to try and make each of these ARGUMENTS/DEFENSES stick.
Interested in discussing how one or more of these arguments/defenses apply to your case?
Call me at 604-255-9018 or e-mail me at [email protected]
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