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McComb Witten Marcoux

Top 20 Arguments ICBC will try and use to Defeat your Claim

Jeffrey S. Witten, B.A., LL.B.
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Personal Injury Lawyer at McComb Witten Marcoux

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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.

Protect Yourself and Your Right to Compensation.

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]

Jeff Witten

Category: Car Accidents


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