by Peter Buxton, trial lawyer
If you have an ICBC claim for injuries arising from a car accident either before or after April 1, 2019, ICBC may try to get your doctor or health care professional to give them your whole medical record. You are not required to provide irrelevant and confidential records to ICBC.
Section 98 of the Regulations of the Insurance (Vehicle)Act provides that (1) An insured shall, on request of the corporation, promptly furnish a certificate or report of an attending medical practitioner, dentist, physiotherapist or chiropractor as to the nature and extent of the insured’s injury, and the treatment, current condition and prognosis of the injury. It does not say that ICBC adjusters can just go out and demand this information directly from your healthcare professionals they must ask you to “furnish” it or authorize its release by your doctor, but only in prescribed forms.
Adjusters have very limited rights to get your records. These rights are set out in Section 28 and Section 28.1 of the Insurance (Vehicle) Act. By law ICBC can ask your health professional to provide “a report of the injuries and their diagnosis and treatment and prognosis, in any form or manner established by the corporation”, but not your medical or clinical file. Only you can authorize the release of your medical file to ICBC. This is done by providing your doctor with written authorization. Likewise, you can advise your medical professional not to share your whole medical file.
If you have concerns about your personal medical history, and confidential information that you have discussed with your doctor getting into the hands of ICBC or, if you have suffered a loss on account of an accident-related matter and would like to have a free initial consultation regarding your claim and your right to compensation, email me at firstname.lastname@example.org or call me at 604.372.4550.
Visit my website at https://panlegal.ca/peter-buxton-qc