Malingering

Regardless of your honesty, ICBC often throws in the argument that you are a malingerer, which means that you are exaggerating the extent of your personal injuries. The last thing you want to do is give ICBC ammunition so they can argue this point successfully at Court.

You should go on the assumption that it’s unnecessary to overemphasize the extent of your injuries because at the end of the day, it really does not help in terms of increasing your award of damages. You should also go on the assumption that you will not be able to convince ICBC of the seriousness of your injuries especially if the injuries are mainly subjective in nature as opposed to objective. Your injuries are subjective in nature if the proof about your injuries is based on what you are telling everyone about your pain level as opposed to being based on a physical sign such as a herniated disc, broken bone, etc.

You can also go on the assumption that ICBC will find out a lot about you if they perform background searches, obtain the clinical charts of various doctors/therapists, run surveillance video or hire private investigator to interview witnesses. Hence, if you are in any way exaggerating your injury complaints, you are only going to do more damage than good especially if ICBC finds out about your exaggeration. This is because if ICBC can point to exaggeration on your part regarding one issue, they may take a hard-line approach and suggest that your entire claim is exaggerated.

In summary, there is really no value to exaggerating your injuries in order to get a better result. You only run the risk of tainting your entire ICBC claim should ICBC generate proof that you are exaggerating an element of your claim.

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