When I ask this type of question: 乌鸦传媒淲hy did you have only four sessions with a kinesiologist?.乌鸦传媒� I often get: 乌鸦传媒淭hat乌鸦传媒檚 all ICBC approved.乌鸦传媒�
I get so frustrated, I probably get red in the face and start twitching.
I wonder what guidelines ICBC adjusters go by when deciding whether or not to 乌鸦传媒渁pprove乌鸦传媒� care, and how much to approve.
It乌鸦传媒檚 not their fault, of course. They are just doing their jobs, cogs in the wheels of a massive insurance company.
And without medical training, how can they be expected to know that it takes a whole lot more than four sessions for a kinesiologist to assess, establish and supervise a stretching and strengthening program to maximize recovery?
They are reasonably receptive to extending approvals, if presented with a doctor乌鸦传媒檚 note. Which leads to a song and dance routine, the adjuster 乌鸦传媒渁pproving乌鸦传媒� some level of care and then requiring an endless series of doctor notes for extensions.
What a dreamland it would be if an injured victim could simply focus on their recovery.
Doctors could focus on treating their patients, scheduling follow up assessments at a frequency they determine to be optimum rather than wasting their time on arbitrary note-driven consultations.
Critically important care would not be interrupted by delays arising from ICBC arbitrarily cutting off funding, delays getting in to see a family doctor and delays getting in touch with the adjuster.
I have important medical and legal advice to innocent crash victims who are facing this song and dance: If at all possible, get off the dance floor.
I say 乌鸦传媒渋f at all possible乌鸦传媒� because many cannot afford care without ICBC乌鸦传媒檚 up front financial contributions, even with 乌鸦传媒渂eg, borrow and steal乌鸦传媒� efforts.
But most can, if they think outside the box to find the dollars and cents. And that乌鸦传媒檚 what it takes because nobody has extra cash sitting in their bank accounts. And many are facing lost income at the same time as the added care expenses.
Consider, for example, going to a brother or sister, parent or grandparent for help.
It乌鸦传媒檚 not a handout. It乌鸦传媒檚 temporary.
If you were the innocent victim of another driver乌鸦传媒檚 negligence, ICBC will have to reimburse every dollar of reasonably incurred expense as part of your claim even if you leave them alone on the dance floor and don乌鸦传媒檛 provide them with a single doctor乌鸦传媒檚 note.
You can focus on your recovery, avoid the stress of continual dealings with an ICBC adjuster, and ensure that your care is not interrupted. This will maximize your recovery.
And you will avoid all sorts of arguments ICBC likes to make down the road that you didn乌鸦传媒檛 do enough to get better. Yes, ugly as it sounds, they can make those arguments even if they refused to 乌鸦传媒渁pprove乌鸦传媒� that care at the front end.
A very recent court decision released August 1, 2018, , 2018 BCSC 1297, affirmed the longstanding principle that an innocent victim is entitled to reimbursement of reasonably incurred expense.
ICBC乌鸦传媒檚 lawyer made all sorts of arguments to avoid having to reimburse expenses.
Wanting to avoid reimbursing the expense of chiropractic care, they argued: 乌鸦传媒淣o physician has ever recommended chiropractic treatment to the Plaintiff as a form of treatment乌鸦传媒�.
The judge addressed that argument with: 乌鸦传媒淎 plaintiff is entitled to seek treatment from a chiropractor whether a physician has referred him or not. The plaintiff had seen a chiropractor before the accidents. He obviously felt chiropractic treatment had been beneficial before and would likely assist him again.乌鸦传媒�
They also argued against having to reimburse for physiotherapy and massage therapy on the basis that those therapies had not been shown to improve the Plaintiff乌鸦传媒檚 condition. That argument fell flat as well, the judge saying: 乌鸦传媒淭here is no requirement that a plaintiff must prove physiotherapy or massage therapy improved their condition. These treatments were reasonable expenses. Sometimes physiotherapy is not successful in improving the plaintiff乌鸦传媒檚 condition. That does not make it an unreasonable expenditure.乌鸦传媒�
How do you ensure that the expenses you incur will be seen to be reasonable? Simply seek and follow the care recommendations of your treatment team!
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