MVA Brochure Clinics GM 1 0 Final (PDF)

There is help to pay
7 for your treatments

9 Start your claim

When the treatment has been recommended by a
doctor, and you are having trouble paying for it,
talk to your treatment provider. They can offer
some suggestions to help to arrange payment
for your treatment, including the user fees not
covered by ICBC if you are unable to pay for the
cost of treatment yourself.

$

Often physiotherapy, massage therapy, chiropractic therapy, MRI
scans, and other types of treatment may require you to pay a visit
(or “user”) fee. ICBC will not pay for this additional user fee (they
will only pay the amount paid by the Medical Service Plan). Which
means you must pay it. Sometimes ICBC will
even refuse to pay for any portion of your treatment
if they think you no longer require them.

8 Keep a diary
Keep a diary of the effects of the accident,
including your symptoms, out of pocket
expenses, wage loss, loss of mobility,
emotional effects, severity of pain and
discomfort, difficulties with household
chores and so on.
Your claim may not resolve for some time.
You will not remember all the important details
later if you do not write them down as they happen. One of the
most difficult things for accident victims to do is
to remember exactly how they felt and
what effects their injuries had on them
at the beginning of their claim.

Do not wait too long to start your claim. If you have
a lawyer, they will look after this for you. But if you
don’t, do not wait to file your claim. Make your
claim with ICBC as soon as possible. By all means,
seek the necessary medical attention first. But once
you have seen your doctor, do not delay in starting
your claim. If you wait too long to file your
claim, you may not be able to make your claim at all.

YOUR ICBC CASE
10 THINGS YOU SHOULD DO

Even if you do file a claim with ICBC, In most cases you have
2 years from the date of your injuries to start your lawsuit. If
you have not settled with ICBC within 2 years of being
injured, you may not be able to start your lawsuit at all.

10

Talk to an injury
lawyer for free

You may be able to resolve your claim with
ICBC on your own, without any help from anyone
else. On the other hand, you may need assistance
doing so. Generally speaking, if your injuries are
serious you will definitely not be able to settle
your claim on your own and in most cases the
ICBC adjuster will even tell you that. But you may
have relatively modest injuries and still need help
dealing with your case. If you do, do not be afraid to ask
for help. If you talk to a lawyer, make sure it is a lawyer who deals
with ICBC and understands injury law. They should also help you
get the treatment you need. If you are unsure of what to do, talk to
your therapist. They cannot give you advice, but they may be able
to recommend someone who can.

If you keep a diary, you will know
exactly how your accident affected
you. And remember, it is up to you to
prove how your accident affected you.

Scott Nicoll, Injury Lawyer @ Panorama Legal LLP.

T. 604.372.4550. E. info@panlegal.ca. www.panlegal.ca.

#309, 5577 153 A Street, Surrey, BC V3K 5S7

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CAR ACCIDENT?
If you have been injured in a car
accident, you are likely entitled to benefits intended to
help you recover from your injuries, even if you are at
fault. You may also be entitled to more compensation
if you are not at fault. Dealing with insurance
companies and doctors and others, however, can be
a difficult and confusing process. To help you through
this process we have partnered with healthcare
professionals to create this list of the top 10 things
you should do if you have been injured in a car
accident in BC.

1 See your doctor
If you have not already done so, see your doctor. You
may have injuries that are not immediately apparent.
And you may need treatment that you are not
getting. It is also very important that your doctor
has a complete and thorough record of
your injuries in their file.
Your doctor’s file will be an important part
of any claim you may have for compensation for
your injuries. If you don’t have a doctor, ask your
walk in clinic to assign you one for your
car accident injury appointments.

“Part 7” Benefits

2 See your therapist

Are You Entitled?

When you see your doctor, ask to be referred for massage therapy
or physiotherapy. Therapy should be started within the first 4 days
following an accident. Your therapist will talk to you about your
injuries, educate you on how best to treat them, discuss exercises,
suggest appropriate pain management strategies, stimulate tissue
healing and introduce manual therapy where appropriate. If you
don't have a massage therapist, contact the Registered Massage
Therapist Association of BC for a referral.

If you have been injured in
a car accident you may have
heard your adjuster talk about
“Part 7” benefits. In British
Columbia, anyone who is
an “insured” and who is
injured in a car accident is
entitled to certain medical
and rehabilitation benefits, wage loss benefits for
total disability and death benefits. It does not matter
if you are at fault for the accident or not, which is
why they are often also called “no fault benefits”.
you should check with a lawyer to find out if you
are entitled to these benefits or not).

Part 7 (or “no fault”) benefits can
include chiropractic treatments,
massage therapy treatments,
physiotherapy treatments,
the cost of travelling to and from
these treatments, the
cost of medications and
other rehabilitation
expenses. ICBC often does
NOT pay for the full cost of
these treatments however.
For instance, they often will
not pay the “user fee” portion
of any of these treatments, which can
cost up to $25 per treatment or
more. But you can get help to pay for
those parts of your treatment that
ICBC will not pay for. Just ask us or
your lawyer for more information.

They will lead you gradually through a progression
of therapies appropriate for your recovery. The
length of time you will need treatment will
depend on your diagnosis, degree of injury
and rate of recovery. Generally, you should
assume at least six to eight weeks, or longer.

3 Get the treatment you need
Follow your doctor’s advice and make sure you get all the
treatment they recommend. And make sure that you continue the
treatments until your doctor feels they are no longer necessary. If
you do not attend all your recommended treatments, it may take
longer for you to recover and could jeopardize any claim for
compensation you may have.
Remember, some people suffer the effects of a car accident
much longer than others. For example, if you have pre-existing
injuries, you may suffer more severe effects.
Just because someone else you know recovered without treatment, or with less treatment, does not mean you will. Getting all the
treatment that is recommended is an important part of your
recovery process.

4

Tell Your Treatment
Providers Everything
Your doctor, massage therapist, physiotherapist and kinesiologist
are critical members of your injury recovery team. It is very important
that you tell them about all of your symptoms. You should make
notes between visits about things that you want to remember to
tell them. Let them decide if something is important to
record in your file or not.
Also make sure to ask questions if you are not sure about
anything they tell you or any recommendations they make.
You need to understand them just as much as they need to
understand you.

5 Follow treatment advice
It is very important that you follow the advice of your doctor,
physiotherapist and other treatment providers. You have a legal duty to
do what you can to recover from your injuries as fast as possible. If you
choose not to follow the advice you receive and it slows down your
recovery, that could be held against you. ICBC will ask to see your treatment
records. If you have not done all of your recommended treatment, they
could say that you have not met your duty to mitigate your loss.
If you have questions about your treatment or pain management, be
sure to ask your therapist or other treatment provider. If
you don’t follow their advice, it may affect your claim.

6

Understand
the role of ICBC

If you are injured in a car accident in BC, you will be dealing with an
ICBC insurance adjuster. An insurance adjuster is a professional. This is
all they do, every day.
ICBC adjusters will often be very helpful. They can
answer your questions about benefits you may
be entitled too and how your claim is likely to
progress. But even they will tell you that they
are not working for you. There job is to settle
your claim for what they think is a reasonable
amount. You may disagree with them about
what is reasonable.
So, you need to know and understand your
rights. That is the only way that you will know
whether the amount you are being paid for your
injuries is really fair in your case. Ask questions and
if you are not sure you understand the answers you
are getting, get advice. You may be able to resolve
your claim on your own. Or you may need help. Don't
be afraid to ask for help if you think you need it.
HOW MANY, AND WHAT TYPE, OF TREATMENTS WILL ICBC PAY FOR?
ICBC provides a document to injured people which outlines
the types of treatment covered, and how much they will pay for
these treatments (ICBC Payment Guide). Generally, ICBC will
cover up to 20 physiotherapy sessions initailly and 12 Registered
Massage Therapist sessions, with a doctor's referral note.
Chiropractic treatments can be covered as individual sessions
or under a contract directly with the chiroprtactor if approved
by you (the patient). Your (or your lawyer) can often negotiate
more treatments for you with the adjuster handling your case.