Often, after a motor vehicle accident in Worcester, Massachusetts or elsewhere in Massachusetts occurs, an issue may arise regarding medically examining an accident victim. This can involve either a request by the other driver’s insurance carrier or your own insurance carrier.
When a Worcester, Massachusetts independent medical examination for motor vehicle accidents is requested by the other driver’s insurance carrier, an accident victim may be required to submit to an examination if litigation has commenced at the time of the request. If litigation has been started, then opposing counsel or the insurance carrier for the other driver may ask a court for permission to have an accident victim examined by a physician or physicians of their choosing.
This may require that an accident victim provide the opposition’s neurologist, orthopedist, internist, oncologist or medical service provider of any type with copies of medical records and with the opportunity to physically examine the victim. Usually, unless there are extreme circumstances, a court will require an accident victim to submit to the opposition’s physician for an independent medical examination for motor vehicle accidents in order to provide the responsible party, and their insurance carrier, with possible medical evidence which contradicts the injured party’s claim.
Although they are routinely called Worcester, Massachusetts independent medical examinations for motor vehicle accidents, they are not — they are medical examinations for the possible benefit of the other driver and his or her insurance carrier. A court is allowed to set certain conditions such as time, place, conditions of medical examinations for motor vehicle accidents and the publication of the report to both the court and to the accident victim’s own attorney.
An accident victim may object if he or she believes that the opposition’s doctor is not appropriate because there is a conflict or any other disqualifying factor. Independent medical examinations for motor vehicle accidents in Worcester, Massachusetts, which usually take place only once litigation is commenced, can take place even up to the point of and during the course of a trial. Again, the purpose is to possibly provide a contradictory and different opinion than that of your own doctor.
Once ordered by the court, the failure to comply may result in all forms of sanctions, including restricting the accident victim from producing their own medical evidence and the ultimate sanction of the dismissal of an action. Once ordered by the court, it is extremely important to comply with all conditions set.
When an independent medical examination is requested by your own insurance carrier, such as when you are applying for Personal Injury Protection Benefits, you will be obligated to submit to such an examination. This can take place even before litigation is commenced. The compliance with the request for an examination may be a condition of continued benefits, in that if you fail to comply with the request for an examination by your own insurance company, then they may be able to deny you benefits due to the failure to cooperate. It is extremely important to comply with such a request, or suffer the consequence of denied benefits.