Does the no-fault insurance company have a right to have an injured person undergo a medical exam?
As soon as you make a no-fault insurance claim, people injured in auto accidents may receive letter from their auto no-fault insurance company’s adjuster, requesting a so called “independent medical examination” and more accurately historically known as “insurance medical examinations.” The Michigan no-fault act, in MCLA 500.3151, provides that when the mental or physical condition of a person is at issue, a no-fault insurance company can request the claimant to undergo a “mental or physical examination by physicians.” The auto insurance contract also has a similar provision but cannot violate MCLA 500.3151. Michigan law does not allow the insurer to have the claimant(s) examined by other types of medical practitioners, such as psychologists or neuropsychologists.
What types of doctors can perform a medical exam?
The 2019 new no-fault reform law adopted some new limitations on the rights of insurance companies to conduct an independent medical examination. The new legislation requires that medical evaluations be performed by physicians with the specialization like those of the injured person’s treating physician(s). Specifically, MCL 500.3151(2)(a), states:
“If care is being provided to the person to be examined by a specialist, the examining physician must specialize in the same specialty as the physician providing the care, and if the physician providing the care is board certified in the specialty, the examining physician must be board certified in that specialty.”.
Now, certain physicians performing exams for insurance companies must be certain requirements to qualify as an examining physician. The new law provides that in all cases, an examining physician, during the year prior to the medical evaluation, “must have devoted a majority of his or her time in active clinical practice of medicine or to teaching in a medical school or in an accredited residency or clinical research program for physicians.” See MCLA 500. 3151(2)(b). The rules went into effect on June 11, 2019.
What should an injured person do if requested to undergo an insurance medical exam?
The injured person is required to attend the non-invasive medical examination if the request is reasonable. MCLA 500.3153, provides that if a claimant refuses to submit to an independent medical examination, a court can issue orders that are appropriate under the circumstances, including prohibiting the claimant from introducing any evidence of his or her mental or physical condition. Under MCL 500.3152, the claimant who undergoes an insurance medical examination (IME) may request a copy of the report. Insured claimants should never refuse or ignore an insurance company’s request for an independent medical examination. The insurance company can terminate benefits if you unjustifiably fail to appear for the insurance medical exam. Experienced personal injury auto accident attorneys know 9 times out of 10, the insurance medical examiner is biased and writes a report favorable to the auto insurance company.
If you’ve been injured a car accident in Michigan, we are here to help you. Call and speak to a top auto accident lawyer today at 866-447-3563.