In case of an accident, it is important to keep in mind that your insurer may require you to have an independent medical examination related to your accident.
In this article, we will look at the independent medical examination (IME) requirement in Michigan.
Can the insurer require a person injured to undergo a medical examination?
Yes, the medical insurer may require an IME in case of an auto accident. This fact can be found in Section 3151 of the Michigan No-Fault Act. It includes the following:
Sec. 3151. When the mental or physical condition of a person is material to a claim that has been or may be made for past or future personal protection insurance benefits, the person shall submit to a mental or physical examination by physicians. A personal protection insurer may include reasonable provisions in a personal protection insurance policy for the mental and physical examination of persons claiming personal protection insurance benefits.
What is the limit of the provision?
Section 3151 of the No-Fault Act provides that the no-fault insurance company can request to have the claimant undergo a “mental or physical examination by physicians.” The limitation here is clear: the insurer has the right to send claimants to a mental or physical examination by a physician. It does not cover therapy, a psychologist, or even neuropsychologists.
Can I get a copy of the examination?
Yes, you may get a copy of the examination.
Section 3152 of the No-Fault Act states that a claimant who undergoes an IME may request a copy of the report, to wit:
Sec. 3152. If requested by a person examined, a party causing an examination to be made shall deliver to him a copy of every written report concerning the examination rendered by an examining physician, at least 1 of which reports shall set out his findings and conclusions in detail.
What if I do not want to subject myself to IME?
In case you do not want to be subjected to IME, you are hurting your insurance claim.
3153. A court may make such orders regarding the refusal to comply with sections 3151 and 3152 as are just, except that an order shall not be entered directing the arrest of a person for disobeying an order to submit to a physical or mental examination.
The court can do anything short of arresting the person injured for disobedience. It includes prohibiting the claimant from introducing any evidence of his or her mental or physical condition.
Get Proper Coverage
In case of doubt, keep in mind that it is your no-fault insurance provider who would ultimately pay for your medical bills. As long as you get unlimited or no-limit coverage, you should be properly covered at a time when you need the best kind of coverage for your health and safety.
Contact Your Lawyer Today
If you have an insurance claim that you need assistance with, you should contact us today. A lawyer can help you get started with your claim. A lawyer at Haque Legal will see to it that your needs are met from the beginning to the end of the proceedings. You are always in good hands with Haque Legal and what it has to offer.
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
Let us help you out
If you are having trouble filing an insurance claim, call us immediately. If you have any problem with the law or are seeking justice and truth, our numbers are standing by to take your call.
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