Post Auto Accident Medical Examinations

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Once someone is in an accident, it can become a challenge to both take care of the necessary issues such as medical care and car repair, and to deal with the insurance company or companies involved.  The reason for that is that insurance companies, while they represent their policyholders, are still for-profit businesses.  That means that they want to keep their customers happy, but pay as little in claims as possible.  That is why it can be vital to consult an auto accident lawyer any time an accident occurs to obtain the most compensation feasible from car accident medical coverage.

Medical Procedures Following an Auto Accident

Statistics show that an accident victim can generally obtain insurance settlements between three and five times higher with the help of an attorney than they would without one.   That means that whether the victim is in a no fault or fault-based insurance state, they should have an attorney involved immediately after an injury accident.  In fact, as soon as possible have that attorney aware and involved in the car accident medical assessment.  There are several reasons why:

  • An experienced attorney may be able to help decide if a specialist is required to prove the seriousness of the injuries and provide the appropriate care
  • An attorney can be sure to collect all the validation required to show how serious the injuries are
  • An attorney can inform victims of deadlines for filing claims for regular medical treatment and extended treatment.  In some cases, an insurance company must be informed of extended treatment before a given deadline or they will not cover it
  • An attorney can ensure that the insurance company is informed of any permanent disabilities or disfigurements before they close the claim and refuse to pay additional benefits

Credibility of Medical Examinations in Fault and No-Fault Claims

During any form of auto insurance claim, insurance companies and defense attorneys will mandate what is known as an independent medical examination.  However, the independent medical examination is almost always performed by a medical professional of their choosing, therefore, biasing the credibility of the examiner’s results.  In addition, failure to attend an independent medical examination or offer the appropriate medical documentation during a medical examination may invalidate a victim’s medical coverage claims.

Independent Medical Exams

The independent medical examination, however, can be shown as non-credible during any fault or no-fault claims case, if an inspecting physician returns what the victim believes to be inaccurate an assessment of injuries.  The nature of the independent medical examination is adversarial, or in essence, the insurance companies wish to invalidate, or at the very least, confirm that given claims are accurate.  The credibility of an independent medical examination, which may be adversarial to previous medical testimony from victim’s own physicians, may require further independent medical examinations to support claims.  Additional evidence, such as accident scene documentation, emergency medical care records, and other documentation regarding health, injuries, and past medical history are also to make any further claims, which may contest the credibility of an independent medical exam ordered by an insurance company or another driver’s insurer.

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