Could ICBC Accuse Me of Lying?
ICBC will accuse you of lying, if it thinks any aspect of your claim is exaggerated or fraudulent. This can happen, even if you have been 100% honest. That is why it’s so important to instruct an experienced personal injury lawyer. At John Mickelson Law Corporation, we know how to handle ICBC’s tactics and will get you the compensation you deserve.
Lying about an ICBC claim
If ICBC decides that you are lying about your motor vehicle accident, then your claim will be rejected. Not only that, but you could face allegations of fraud. This could result in a jail sentence, a fine and other penalties. ICBC secured around 600 fraud convictions between 2010 and 2018, and investigated 19,500 claims in the 2018/19 fiscal year alone.
But how does ICBC know if you’re lying? Firstly, it has Special Investigation Unit whose job it is to detect fraudulent claims. It also has a cyber unit that ‘uses information available on the internet and social media to help examine suspicious claims.’ The corporation has even been known to hire private investigators to video plaintiffs, in the hope of catching them out.
What if ICBC gets it wrong?
Of course, you should never lie about your ICBC claim, or exaggerate any aspect of it. It’s illegal and it can land you in serious trouble with the law. However, there are times when ICBC makes a mistake. The numbers speak for themselves. Some 19,500 claims were investigated during one year, yet only 600 convictions were secured over an eight-year period.
Clearly, there are occasions when ICBC accuses people of lying – yet the plaintiff is telling the truth. There are even times when ICBC pursues criminal charges against an individual, even though he or she is entirely innocent. This is exactly what happened to Mrs. Arsenovski, whose case concluded in 2016.
The case of Mrs. Arsenovski
In January 2000, Mrs. Arsenovski and her husband were walking across a sidewalk when he was struck by a vehicle. She also fell over and suffered bruising, but was not struck by the vehicle. The couple, who had recently moved to Canada from war-torn Yugoslavia, filed an ICBC report with the help of a translator.
The ICBC Special Investigation Unit then laid criminal charges against Mrs. Arsenovski, saying that she had provided a fraudulent statement. They argued that she claimed to be struck by a vehicle – even though her witness statement mentioned nothing of the sort. The charges were dropped on the first day of the trial as they were entirely unsubstantiated.
Mrs. Arsenovski then sued ICBC for malicious prosecution. The judge found in her favour, saying that ICBC’s conduct “was so high-handed, reprehensible and malicious that it offends this Court’s sense of decency”. ICBC was ordered to pay Mrs. Arsenovski $350,000 in damages, which included damages for the emotional distress that was inflicted.
Ask a personal injury lawyer for help
This case just goes to show that ICBC can get it spectacularly wrong. The corporation wants to reduce its outgoings and eliminate fraudulent claims. But in doing so, it can target people who are genuinely entitled to compensation. Because of these tactics, we strongly recommend that you ask an experienced lawyer to help with your ICBC claim.
At John Mickelson Law Corporation, we have a team of personal injury lawyers who know how to handle ICBC – especially when they accuse you of lying. All you need to do is tell your side of the story truthfully and accurately. So long as you are 100% honest, we will prove that your claim has merit, getting you the rightful sum of compensation.
To talk to us about an ICBC claim, either fill in the free online enquiry form or call us on 604 684 0040.Go back to Blog