Very few car accident injury claims end up in court. More often than not, the insurance company or an at-fault party will be willing to come to a settlement agreement outside of court. This outcome is especially common when having an experienced car accident attorney handle your case.
But what if the insurance companies simply aren’t willing to participate in the settlement process? What if they are so unwilling to provide you with fair compensation that you end up in front of a judge or jury?
When the Insurance Company Doesn’t Want to Pay What You Deserve
Find a trusted personal injury law firm that knows what doctors are looking for and how to maintain your rights. Even if you’ve had a physician of your own choosing diagnose and treat you, the insurance companies have the right to request an exam by a physician of their choice.
It may not seem fair, but it’s up to the court’s discretion, and it’s the law once it’s ordered. If you are worried about your car accident injury claim or want legal guidance in the wake of a medical exam request, speak to a knowledgeable Tampa car accident lawyer.
To help you understand more about what a court-ordered exam involves, let’s take a closer look at compulsory medical exams (CMEs).
How You End Up In the Doctor’s Office
The steps it takes to get you into the insurance company’s doctor of choice are fairly simple. In fact, the only thing an insurance company has to do is demand that you be seen by their physician. Florida Statute § 627.736(7)(a) allows insurers to request an IME at any point in the process.
In some cases, a defendant will instead file a motion seeking a court-ordered compulsory medical exam. It is extremely rare for a court to deny such a demand or, in some cases, motion. Under Florida state law, you are required to comply with the request.
That said, you do maintain some rights. These include the right to be seen by a physician that is reasonably accessible and the right to have your attorney present during the exam. You and your attorney can choose to video the CME. Why would you choose to have your exam videoed by your attorney? Because the CME is not in your best interest.
The doctor examining you is not of your choosing and, ultimately, has been chosen because they might benefit the interests of the opposing side. In essence, this doctor/patient relationship is somewhat of an adversarial one. This doctor isn’t just looking to diagnose you, they are also looking for signs that your original diagnosis was incorrect and that some or all of the treatments you were prescribed were unnecessary.
Get a Tampa Car Accident Attorney You Can Trust from Steinger, Greene & Feiner
At Steinger, Greene & Feiner, we have been representing victims of car accidents for years. We know the tactics insurance companies use and what it takes to win your case in court. If you have been involved in a Tampa car accident, you need an attorney you can trust who will fight tirelessly by your side. That’s us.
Reach out to our office today to schedule your free, no-obligation consultation. We do not believe that expert legal advice should cost you a dime until we can recover money for your losses. Call (800) 431-6841 today or contact us using our convenient online form.
We will get back to you as soon as possible to answer the questions you have and to schedule your free, no-obligation case review.