Insurance companies have the right, in personal injury cases, to have you examined by a doctor of their choice. Formerly known as an independent medical examinations (IME), this examination was renamed compulsory medical examination (CME). Florida law allows CME’s as set forth in Florida Statues 627.736(7)(a), which states: Whenever the mental or physical condition of an injured person covered by personal injury protection is material to any claim that has been or may be made for past or future personal injury protection insurance benefits, such person shall, upon the request of an insurer, submit to mental or physical examination by a physician or physicians. Florida Statute also allows insurers to negotiate and contract with preferred providers for benefits.
Prior to the filing of a law suit, your auto insurance company may require you to submit a CME, in which you would be examined by a doctor that they pay. The car insurance company may require the examination if they suspect that you, or your doctors, are exaggerating your injuries or in some cases if they believe they can manage to pay your treating doctors less money. Some doctors have a financial incentive to diminish the legitimacy of a claim and may downplay the severity of a condition, claiming it was unrelated to the accident in question or the result of a preexisting injury.
Prior to a compulsory medical examination, it is advisable to seek the advice of a personal injury attorney. An attorney may be able to foresee questions a doctor may ask and help the injured party prepare the right answers. Call Darfoor Law Firm’s experienced personal injury attorney, Kweku Darfoor, at 1-833-DARFOOR for a free consultation regarding your personal injury claim.
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