In February 2016, ICBC posted an article, “ICBC’s Hall of Shame: Cyber Fraud Files of 2015.” It discloses fraudsters discovered through digital investigations. Examples are a woman claiming she was too injured to work, yet participated in a roller derby, a man making a claim after setting his own truck on fire, and a man who claimed to be severely injured, yet managed to complete a punishing 12-mile obstacle race. ICBC has enhanced its Special Investigations Unit by conducting many of its investigations digitally. Its also purchasing special fraud software to assist in flagging patterns and predictors of fraud.
ICBC has historically employed private investigators, They interview co-workers, friends and neighbours and conduct video surveillance. ICBC justifies this as part of its anti-fraud campaign to keep everyone’s premiums down.
According to the Vancouver Sun (April 22, 2015), ICBC set up an internal team of cyber analysts. Social media has provided ICBC with a treasure trove for its claim investigations. Facebook, Instagram, Twitter etc. give ICBC easy access to intimate details of claimants’ lives, vacations, activities, experiences, photos and commentaries.
Although ICBC investigations are meant to sniff out fraudulent or exaggerated claims, they can also be used to question a claimant’s credibility, find witnesses to say negative things, or learn things that ICBC will use against the claimant. Insurance companies don’t make money by paying out; claims must be kept to a minimum.
ICBC also uses Cyber investigations in the courtroom to diminish a claimant’s integrity. ICBC lawyers often present social media photos of the smiling, carefree plaintiff during a happy event. The inference, of course, is the injuries have been exaggerated. This is ludicrous. The severity of an injury should have no correlation to the happiness one experiences with friends and loved ones.
ICBC also seeks court orders requiring claimants to disclose their online profiles, including private messages and photographs. Claimants need a lawyer to fight ICBC on this. It’s human nature for us to post highlights of our lives on social media rather than our sufferings. We post memorable events, not things we’d rather forget. Online profiles provide an incredibly distorted view of what people’s lives are actually like.
It’s a disturbing fact that ICBC can follow us, digitally or otherwise, after we make an injury claim. The best advice is to have an experienced personal injury lawyer represent you and to be aware that anything you say, do or post could be used against you.
Einfeld Law is a highly reputable accident and injury law firm. We have successfully litigated many ICBC claims and other insurance claims, including out of province claims, motorcycle claims, wrongful death, brain injury, spinal cord injury, whiplash, soft tissue injury, and all other serious injury claims. Contact us for a free initial consultation in all personal injury matters.
You need someone truly on your side. Why settle for less?
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