Is ICBC Really Acting in Your Best Interests?

When you have a claim, ICBC is involved in many ways.   When a case goes to trial, insurance is not supposed to be a consideration.   This is a fiction.  Not only is vehicle insurance in this province compulsory, but also the minimum coverage must be with ICBC.

Other insurers can provide optional coverage, but I suspect that ICBC subsidizes compulsory coverage with the mandatory insurance to give them an unfair advantage in the marketplace.

In making a claim, there are some benefits we all get from ICBC no matter who’s at fault.  They cover the ambulance ride, medications, medical supplies, a portion of your wage loss in some instances, and homemaking services.  They also reimburse the Medical Services Plan for what was paid on your behalf.  They have to pay the non-user fee portion of other treatments such as physiotherapy.

If someone else caused the collision, as that person’s insurer, ICBC stands in their shoes and pay out claims to people who have a claim against the person at fault.

So what’s ICBC’s duty to you as the person injured due to the negligence of someone else?  NONE.

The adjuster represents ICBC when acting as your insurer, and the adjuster acts for the person who caused the claim.  The adjuster has a fiduciary obligation to act in the best interests of ICBC, and of the person who caused the collision.  They have no duty to act in your interest.

It gets worse.  This was highlighted when I was reminded by a police officer that when going through Yahk on Highway 3, the speed limit is 60kmh.  To assist my memory, He compelled me to pay $138.00.  When I looked on the traffic ticket to see who to make the cheque out to, it was ICBC.

So they collect fines, pay overtime for roadside checks, assist financially in constructing highways, and control the issuance of licenses.

They have their own police force to investigate claims they suspect are fraudulent, though I note that there are very very few charges laid.  Unless they hired officers who are incompetent, it must be because the incidences of fraud are not very great.

When dealing with ICBC, keep in mind whose side they’re on, especially when asking them for information or receiving their views and opinions.

They are not there to assist you in knowing your rights.   Adjusters are not to “work” the file, and assist you in knowing all you’re entitled to.  They have a duty to act in the best interests of the person who caused the collision, and in the best interests of their employer, ICBC