If you are making a claim for an injury and the other party is covered by ICBC’s insurance, ICBC probably can force you to go to a medical examination.
The courts ruled on a similar issue recently. They not only allowed ICBC to have one medical examination but a second medical examination of the injured party:
http://www.courts.gov.bc.ca/jdb-txt/SC/14/16/2014BCSC1655.htm
The plaintiff, in this case, was ordered to undergo a medical examination by a psychiatrist despite the fact ICBC had already sent her to a medical expert. This order was made as the judge felt the plaintiff’s psychiatric health, both past and present, would be at issue if no settlement was reached and this matter proceeded to trial.
Regularly something of this nature would be totally private. Unfortunately, one of the drawbacks of starting a lawsuit is that you waive many of your privacy rights. This is why it is important to hire a personal injury lawyer who can give you advice on just how many of these rights you have to waive during the litigation process. When you bring a lawsuit against a party covered ICBC, they will without a doubt have experienced adjusters and lawyers working for them. Their job is, after all, to deal with claims arising out of car accidents, and they are experts at it.
The above problems become especially pronounced when ICBC sends you to a “defence friendly” doctor. Within Vancouver, the lower mainalnd, and other major cities, there are various medical experts who appear regularly in court. Some experts are more likely to provide evidence that is more supportive of either the injured party or the defence. This emphasizes the importance of hiring a lawyer with experience in personal injury law, as they will also be familiar with which doctors are likely to be more helpful or harmful to your case. Without proper medical evidence you will not be able to get a proper settlement.
