They know how the system works... do you?

The answer below is based on material in the Auto Accident Survivor's Guide for BC.   A more complete discussion of this topic is in the book. See Table of Contents and Book Index for topics covered in the book.

How can I protect my insurance claim when dealing with my adjuster?

You’re not required to meet with an adjuster even if you have an injury claim. You will, however, have to submit a written statement to the adjuster assigned to your claim. If you hire a lawyer, ICBC isn’t allowed to contact you directly - all communications will have to go through your lawyer.

Always have a witness with you when you meet with anyone who works for ICBC. This can be a lawyer or other advocate, or a relative or friend. Take written notes of all meetings and conversations, documenting everything. If your adjuster lets you tape record your conversations with him, this can help you avoid misunderstandings later. (Be careful how you ask permission for this. You won’t want your adjuster to feel you’re being difficult. This could make him hard to deal with in the future.)

Before your initial meeting with your adjuster, give some serious thought to the questions you’ll be asked. (The Auto Accident Survivor’s Guide has several pages of likely questions.) Keep in mind that anything you say may be used to minimize the value of your claim and deny you benefits. Not only what you say but how you say it will affect every aspect of your claim. You’re not required to answer every question your adjuster asks. Keep your answers brief and to the point, and don’t let yourself be pressured into saying anything you may later regret.

Your adjuster will want you to sign a “General Release of Information” form that will allow him to get information about you from doctors, employers and others. Don’t sign this form! It will allow your adjuster to get confidential information about you from any source. While ICBC is entitled to information relevant to your claim, the less they know about you the better. They’ll use every means they have to reduce the value of your claim, so don’t give them easy access into areas of your life that are irrelevant to your accident or injuries.

Your adjuster can ask you for separate releases for material he wants. If you think he’s asking for information that’s not pertinent to your claim, you can refuse to sign the requested release. ICBC can then ask a judge in chambers to rule on whether the requested material should be released. (The judge’s decision is binding and can’t be appealed.)

Before signing any documents or verbally agree to anything, take a few days to consider the consequences. You may want to consult a personal injury lawyer.

Things you should know:

• Always bring a witness with you when you meet with your adjuster.
• Document everything.
• Tell your adjuster about all your injuries, even minor ones.
• You don’t have to answer every question your adjuster asks.
• ICBC assumes all claimants exaggerate accident-related problems.
• Keep copies of all receipts you submit to your adjuster.
• Never agree to a request an adjuster makes over the phone.
• Insist that all communications from ICBC be sent to you in writing.
• Don’t settle your claim too quickly.

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Your ONLY source for unbiased and independent advice about an ICBC auto accident injury claim

Auto Accident Survivor's Guide for British Columbia

No matter how nice your adjuster seems, he’s not your friend!

He isn’t obligated to tell you what benefits or compensation you’re entitled to or what your claim is worth. His job is to minimize ICBC’s costs, not help you.

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The larger the claim the harder ICBC fights it. Make sure you know the dirty tricks ICBC plays and how you can protect yourself.

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