If you are have been injured in a car accident and are working with an ICBC lawyer, you may have been advised or required to get an independent medical examination (IME). Insurance companies and defendants have a qualified right to have injured plaintiffs attend with medical examiners in order to obtain their medical opinion regarding the plaintiff. They may discover that the plaintiff had a condition or injury that was pre-existing or not caused as a result of the accident. This evidence can permit the defence to obtain to defend against a personal injury action. In BC, the Civil Rules require primary medical reports to be served at least 84 days before a trial date.

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However, there is a belief among insurance companies and defendants that they can get around this requirement by means of a 'precautionary IME'. This is a medical examination held in response to reports served by the plaintiff at 84 days.

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However, it’s important to note that the courts appear to be setting a precedent against the concept of ‘precautionary IMEs’. For example, in the recent decision of Tournier v Ruckle2017 BCSC 308, the court has again said 'No' to a 'precautionary IME'. You can view the court records for this judgment here: http://www.courts.gov.bc.ca/jdb-txt/sc/17/03/2017BCSC0308.htm

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Based on these recent court decisions, it is worth being aware that an IME that was ordered "just in case" may not be admissible in court. Whether you are a plaintiff or defendant in an ICBC injury claim, it is important that you are informed and get the right information from your legal team.

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If you have been injured in an accident, or are defending against an injury claim, Pettit & Company’s team of lawyers specializes in ICBC and personal injury cases. We are dedicated to getting you the best possible outcome without wasting your time and money.

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