Legal Question in Personal Injury in New York
Must you submit to second IME when.....
I was involved in a car accident last Sept.- my Towncar was totaled, other driver blew stop sign and deemed 100% at fault. Resulted in arm injuries and herniated lumbar disc documented by MRIs. Last chiro IME deemed I was faking my injuries- used fancy wording, but my ortho explained it to me.Chiro IME doc didn't even know how to read an MRI film! Still waiting for word from insurance co. as letters were sent by my ortho. demanding the IME report stricken from my record. Not only have I had no response as to my doc's letters for months, insurance co. now sent me a notice for an ortho IME.Must I go when they still have not made an effort to resolve the botched chiro IME- what are my rights? If they are just going to deny my benefits, wouldn't it be better to just not show up- my no-fault benefits would be denied, but I wouldn't be slandered a liar and fake.
3 Answers from Attorneys
Re: Must you submit to second IME when.....
Generally, if you do not go for the Ortho IME you will lose your PIP or other insurance benefits. There is also a chance it could affect any third party lawsuit you may have. So, based on the information you provided, I think it is advisable that you do attend.
Good luck with the treatment of your injuries.
Re: Must you submit to second IME when.....
I concur with Barry Kozyra's response. It would help if we knew if the IME was for your no fault carrier or the liability carrier.
Re: Must you submit to second IME when.....
I assume you have an attorney representing you in your liability claim against the negligent driver. You should call him. You cannot ignore your No fault IME since the carrier will automatically cut off yor medical benefits.
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