B.C. case affirms claimants must provide complete information

A recent B.C. Supreme Court jury decision in Rallahan v. Siu and Litt reinforces the need for claimants to provide complete and accurate information when making a claim with auto insurers.

The court ruled Balwinder Singh Rallahan failed to provide medical history to the Insurance Corporation of British Columbia (ICBC) when filing a claim.

“It’s vital that claimants understand that failing to accurately inform their doctors and ICBC about their medical history can affect their credibility in the eyes of the court,” Joseph P. Cahan, lawyer for Alexander, Holburn, Beaudin & Lang representing ICBC, said in a press release.

Rallahan, a taxi cab driver, was working when he was involved in accidents in both 2001 and 2002. He filed a claim and had his car repaired and received medical benefits. In addition, he claimed $200,000 in lost wages and a further $50,000 for pain and suffering.

However, it became apparent during the trial that he had failed to provide information surrounding a previous related injury.

Because of this, he received only $1,000 for the first accident and nothing for the second. Since the jury awarded less than what the ICBC previously offered, Rallahan may be required to pay ICBC’s court costs.

“ICBC needs its customers to provide complete and accurate information in a timely fashion when making a claim,” Sue Carle, ICBC vice-president, claims services, said. “Without the complete picture, ICBC cannot accurately assess the claim and provide fair compensation to the claimant. Paying too much for claim settlements is unfair to all ICBC customers who pay premiums, but paying too little is unfair to claimants.”