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Hergott: Focus on your recovery

Lawyer Paul Hergott discusses the road to recovery following a collision
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When I ask this type of question: 害羞草研究所淲hy did you have only four sessions with a kinesiologist?.害羞草研究所 I often get: 害羞草研究所淭hat害羞草研究所檚 all ICBC approved.害羞草研究所

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 害羞草研究所渁pprove害羞草研究所 care, and how much to approve.

It害羞草研究所檚 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害羞草研究所檚 note. Which leads to a song and dance routine, the adjuster 害羞草研究所渁pproving害羞草研究所 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 害羞草研究所渋f at all possible害羞草研究所 because many cannot afford care without ICBC害羞草研究所檚 up front financial contributions, even with 害羞草研究所渂eg, borrow and steal害羞草研究所 efforts.

But most can, if they think outside the box to find the dollars and cents. And that害羞草研究所檚 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害羞草研究所檚 not a handout. It害羞草研究所檚 temporary.

If you were the innocent victim of another driver害羞草研究所檚 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害羞草研究所檛 provide them with a single doctor害羞草研究所檚 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害羞草研究所檛 do enough to get better. Yes, ugly as it sounds, they can make those arguments even if they refused to 害羞草研究所渁pprove害羞草研究所 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害羞草研究所檚 lawyer made all sorts of arguments to avoid having to reimburse expenses.

Wanting to avoid reimbursing the expense of chiropractic care, they argued: 害羞草研究所淣o physician has ever recommended chiropractic treatment to the Plaintiff as a form of treatment害羞草研究所.

The judge addressed that argument with: 害羞草研究所淎 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.害羞草研究所

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害羞草研究所檚 condition. That argument fell flat as well, the judge saying: 害羞草研究所淭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害羞草研究所檚 condition. That does not make it an unreasonable expenditure.害羞草研究所

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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