What you need to know:

Your medical records – The extent of your right to privacy.

  • Which of my medical records is ICBC entitled to see?
  • ICBC will try to obtain as many of your medical records as possible from before and after your accident. The courts do not allow ICBC to go on a "fishing expedition" through your pre-accident records. ICBC must establish that there is something relevant to your injury claim in these records.

    You have the right to privacy regarding medical records that may be embarrassing and confidential, but only if they are not relevant to your claim for damages. The definition of relevancy in our legal system is very broad and includes documents that contain information which may directly or indirectly enable ICBC to advance its own case or damage your case.

    Advise your lawyer if you think there are some notations in one or more of your doctors' files that are embarrassing and irrelevant to your claim. He or she may then obtain the records. You can review them and tell your lawyer exactly which notations or documents you do not want disclosed. Your lawyer will then advise you whether you are entitled to not disclose these records to ICBC's lawyer.

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