Judge Reduces ICBC Claim by 40% for Failing to Follow Medical Advice

If you’ve sustained injuries as a result of a motor vehicle collision, your doctor, at some point, will likely recommend that you attend treatment of some sort. Whether it be physiotherapy, chiropractic or massage therapy, active rehabilitation, medications or even psychological counselling, your doctor is recommending these treatments with a view to alleviating your injury symptoms.

Some ICBC claims may be reduced

It is vital to your claim to follow your doctor’s advice and attend to the recommendations made.

Being too busy, unmotivated due to your injuries or can’t afford the treatments recommended by your doctors are some reasons you may not attend the treatments recommended. The fact remains, though, that you are injured and you need to “mitigate your losses”. If you do not mitigate your losses, you set yourself up for the potential of reduced compensation package.

On September 24, 2008, a woman, through no fault of her own, was injured in a car accident. Her doctors recommended that she take the medications prescribed to her to help alleviate her injury symptoms. Her doctors also recommended that she attend physiotherapy, chiropractor, psychological and psychiatric counseling and attend a gym.

She stopped her medication and treatments

Initially, the woman followed her various doctors’ advice, but soon after she stopped her medication and treatments citing that these treatments upset her stomach, cost too much money, she was too busy, the clinics were too far away, the treatments weren’t helpful and so on.

This woman’s ICBC claim made its way before the courts and upon hearing that this woman failed to mitigate her losses by not following her doctors’ advice, the trial judge deducted 40% from her pain and suffering award. In this particular case, 40% represented a significant amount of money the woman would have otherwise received had she followed he doctors’ advice.

The case is Liu v. Bipinchandra, 2016 BCSC 283, you can read it here.

If your doctor is recommending treatments and / or medications and you find it difficult for whatever reason to heed his or her advice, contact your lawyer for advice on how to proceed effectively so as to maximize the compensation due to you.

Call Our Vancouver Personal Injury Law Firm

If you have an ICBC injury claim due to a motor vehicle accident or have any questions relating to your claim, please call our Vancouver Personal Injury Law Office. Phone us at 604-568-9444 or toll free at 1-855-ICBC-LAW so we can help you achieve the best outcome for your particular claim.

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Farouk Jiwa

Mr. Jiwa has practiced exclusively in personal injury litigation for almost 16 years with a primary emphasis on ICBC Claims. Mr. Jiwa has handled cases involving all different types of accidents such as motor vehicle accidents, bicycle accidents, pedestrian accidents, motorcycle accidents, bus accidents, boating accidents, burn injuries, product liability claims, slip and falls, dog bites, and a wide array of injuries ranging from minor soft tissue injury claims to brain injury claims to fractures to catastrophic injury claims.

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