My father was in an accident (not his fault) and was fighting with icbc for a settlment for medical costs.He passed away last February now ICBC says that his estate is not intitled to any payment.The bills have not gone away.Is there anything that we can do. My sister is going to court next month about this. We would appreciate any help anyone can give. Thank You

Fortunately there are quite a few Canadians on this site. I take it the BC in ICBC is British Columbia. If you don't get a reply in this forum in a day or two max post your question again in the Discussion Room. And welcome to the pool.

Ta-Ta, that sounds rather strange. This was a personal injury claim, right?

You'd think that they would be liable to pay for the accumulating bills that you mention. I was tempted to phone ICBC, but I doubt that they will be helpful!

Let us know what your sister finds out. I've never heard of such a case. Sorry to hear about your loss.

gatman - ICBC is the Insurance Corp of BC - you're right!

By the way, Ta-Ta, welcome to the pool!

It's a nonsense, on the face of it. They are apparently saying that because he has died when they owed him money for medical bills incurred they do not have to pay. I don't suppose they'd say that about any money, for overdue premiums say, that he owed them i.e. that their right to be paid died with him !

Whoever has the task of sorting out his affairs, his representatives, now have the duty to gather in all money due to him and pay all debts he owed. He had a duty to pay medical bills in life and on death his representatives have to pay any still unpaid. By the same token, in his life the insurers were bound to pay him what he paid out in bills ( though they often pay hospitals directly, it makes no difference) and so in death they pay his representatives for what the representatives have had to pay for him.

It's irrelevant here ( because we are talking about bills owed and paid , not damages) but I suspect that what has happened is that some employee of ICBC had some vague or confused idea that some special kinds of damages in personal injury cases may be affected by the death of the claimant. They have transferred this muddled, vague and confused wrong-headedness to the question of bills.

Funny how insurance companies always guess wrongly in their favour and never ours, isn't it?

Ta-Ta,

I have a pretty good understanding of ICBC standards and operating policies and could probably answer this one for you, but I ran it by my sister anyway. She lives up in BC where you do and works as a legal secretary for a large law firm in the Greater Vancouver area. Nearly half of this firm's cases deal with ICBC claims and suits and they have an impressive track record.

Sis knew what to tell you instantly but spoke with the firm's lead litgation attorney for all insurance related cases about this anyway. She wanted the reply to come straight from the horse's mouth. Bear in mind that the lawyer did not have ANY of the pertinent facts relating to this matter in front of him when he offered this opinion. This is what his 32 years of experience had to say:

"Her father's primary medical expenses, including any hospitalization, would have been covered under the provisions of the provincial medical program and as such his estate is not liable for these incurred costs. Further, depending on his age, the father's prescription medications may well have been covered by Pharmacare. Then too, any prescribed physiotherapy would also fall under the auspices of the provincial plan.

If her father did make personal payment for any of the aforementioned costs the executor of his estate may make application, to BC Medicare, for reimbursement of those costs to the estate. It should be noted that application for payment can be made retroactively.

The secondary medical costs not covered by Medicare can be recovered from ICBC on behalf of the driver who injured her father. In addition, costs and recoverable damages for the father are also available under the law. Here again, the executor of his estate may take whatever legal action is necessary to recover said costs and damages owing to the estate as a result of the original motor vehicle accident. The fact that her father is deceased does not extinguish the Insurance Corporation of British Columbia's legal liability in this case.

The fact that this woman is resorting to an online Q&A board for advice in this matter would indicate that she, or her sister, has not engaged legal counsel. Had she, all of this would have been explained to her by the attorney. I would urge her, or the sister to seek qualified legal counsel without delay."

So that's the word from the Barrister himself, without the usual $350 consultation fee.

And a quick tip from Sis..."Do not take any crap from these clowns, if you/your family have a valid case you will win in court." Believe her, she's been making her living off that one fact for over 25 years.

WOW! Very impressive Tractor!

Good luck, Ta-Ta! Please keep us posted!

From what I know about the ICBC, you'd have an easier time dealing with CSIS.