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McComb Witten Marcoux

Your Right to Privacy and Your ICBC Injury Claim

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

Blog Category:
5/11/2013
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Privacy is a real issue with most people. Especially when it comes to their health.

So, if you have an ICBC injury claim what type of right to privacy do you have when it comes to your medical records ?

Well, if you sign an ICBC medical release you shouldn't have any expectation of privacy. The standard ICBC medical release enables them to request and obtain your medical records from your date of birth forward.

If you hire a lawyer to handle your ICBC injury claim your expectation of privacy will depend on your lawyer's policy. Does your lawyer permit ICBC to request and obtain medical records directly from your medical treators ? Or does your lawyer have a policy of collecting medical records and sharing only those medical records which ICBC ( and maybe their lawyers) has a legal right to review ?

OK. Why don't we take our discussion a step further. What type of medical records does ICBC have a legal right to review ?

The simplified answer is that the law in British Columbia establishes that ICBC has a legal right to review any medical records which "may" be relevant to your injury claim. 

Truth be told, most often this discussion revolves around medical records which pre-date ( prior to) your car accident. One of  ICBC's standard tactics is to allege that all your problems stem from an injury/medical condition which you suffered from prior to your accident.

Here's the thing. That's easy for ICBC to say. But can they prove it ? In otherwords, will a judge make an order which will enable ICBC to obtain and review medical records which precede your car accident ?

The bottom line, as far as the law is concerned, is fairly straightforward. Is there any information which ICBC can rely on to  indicate that you "may" have had a relevant injury/medical condition prior to your accident. If they can point to exactly that then the records are theres. If not, then they'll probably be out of luck.

 



Category: Car Accidents


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