Access to Legal Representation is the Cornerstone of our Justice System

When people are injured in car accidents, they usually speak to an I.C.B.C. representative on the telephone within a day of the accident. This is often before they have an opportunity to even see their family doctor.

Generally, with few exceptions, the message they get from the I.C.B.C. representative is that they don’t need to speak to a lawyer. They are told outright that they don’t need legal advice because I.C.B.C. will treat them in a “fair and reasonable” manner. By the way, “fair and reasonable” is a term of art coined by I.C.B.C. and used tirelessly to self describe every aspect of their processes. What should be obvious is that “fair and reasonable” is a subjective term. Are we talking fair and reasonable to the injured person or fair and reasonable to I.C.B.C. ?

After the phone interview, an appointment is made by the I.C.B.C. phone operator for the injured person to see an I.C.B.C. adjustor. The anti “legal advice” mantra is then reinforced by the I.C.B.C. adjustor. I.C.B.C. used to have anti-legal advice pamphlets in their offices that they would hand out to injured people. They don’t do that anymore. Instead, they deliver the same message verbally.

Why is I.C.B.C. trying so hard to keep injured people away from receiving legal advice ? I am sure that you have already figured that out. When people depend on I.C.B.C. representatives for their “legal advice” they get the half-truths and untruths that put them in disadvantaged positions such that I.C.B.C. can settle claims for no money or little money. For example, they are told that the accident is their fault when it isn’t. They are told that they have no claim because the damage to their car is minimal when that simply isn’t the truth. They are told that their case is a W.C.B. case rather than an I.C.B.C. case when again such a statement is untrue. The list goes on and on.

The most troubling part of this story is that the same I.C.B.C. representatives run to lawyers when they themselves need legal advice. Do we think that these individuals do their own divorces without a lawyer? Do we think that they represent themselves in criminal court if they are charged with a crime? Of course not. Yet they have the nerve to tell people injured in car accidents that they don’t need legal advice.

I.C.B.C. adjustors advising injured people that they don’t need legal advice is no different than police officers advising people charged with crimes that they don’t need legal advice. “Trust us – we are police officers – we can give you legal advice.” Could you imagine if police officers conducted themselves in this manner? And yet I.C.B.C. representatives are trained to treat injured people in this manner.

Your right to legal advice is precious. It is guaranteed by our Charter of Rights and Freedoms. It is the very cornerstone of our system of justice. It is one of the things that makes Canada a free and democratic country. Don’t throw away your rights lightly. Don’t listen to I.C.B.C. representatives who would urge you to give up your rights so that they can carry out their agenda.

If you or somebody you know is injured in a car accident, make sure that your right or their right to receive legal advice is exercised. Remember – knowledge is power!