After a car accident, you may have to use an insurance-approved doctor to get personal injury protection (PIP) benefits in New York. Failing to comply could complicate your recovery, so take requests for independent medical examinations (IMEs) seriously. Reports from insurance-approved doctors and other physicians can help prove your injuries, even in a lawsuit.
You can see doctors of your choosing directly after an accident, though you should check that they accept no-fault coverage. PIP carriers require IMEs to confirm injuries. During an IME, the physician, who might not be truly independent, will examine you, review your medical records, and ask you questions. The examiner will then generate a report for your PIP carrier. We can use an IME’s report as well as X-rays, MRIs, diagnostic test results, and additional medical evidence from other physicians to prove your injuries and the compensation you deserve for them.
Call the New York car accident lawyers of The Carrion Law Firm at (718) 841-0083 for help today.
Do I Have to See an Insurance-Approved Doctor After an Accident in New York?
When you file a claim with your personal injury protection insurance after a car accident in New York, you need medical records to show your injuries. After you submit these medical records, your PIP insurer is within its rights to require an additional medical examination.
The insurer may not require an independent medical examination if you have sufficient medical evidence of your injuries. If the insurer does require another examination, it must be scheduled within 30 days.
Furthermore, the examination must be at a place and time that is reasonably convenient to the claimant. Having to travel far from home after suffering a bad injury can be challenging, so tell our Bayside, NY car accident lawyers if the examination location is too far.
Even though the doctor you see is deemed an independent medical examiner, they are still “insurance-approved,” so there is great potential for bias toward the insurer.
You don’t have to see an insurance-approved doctor directly after a car accident, and you may go to the hospital for immediate medical attention. Don’t delay medical attention because you’re concerned about seeking care from the right source. What matters most after a collision is documenting your injuries, whether by going to the hospital or an urgent care facility.
Can I Only Use an Insurance-Approved Doctor After an Accident?
You do not just have to use a medical examiner approved by your PIP carrier after an accident in New York. Your PIP carrier may require this to confirm your injuries, but your carrier doesn’t control where you seek the majority of your care. That said, you should make sure any provider you seek treatment from accepts no-fault insurance.
If you go to the hospital after an accident, personal injury protection should still cover your damages from that treatment. Personal injury protection carriers require IMEs to confirm injuries, not to treat them. You still need to see the appropriate physicians and specialists for your injuries to get the proper treatment.
Depending on your injuries, your primary care physician may be involved in your recovery and treatment plan. You may see them following the accident, and PIP should cover any medical expenses from those visits if your doctor accepts no-fault insurance.
What Happens During a Visit with an Insurance-Approved Doctor?
It’s important to prepare for the independent medical examination required by your personal injury protection insurance provider.
In addition to the physical examination, the IME doctor will review treatment records from other physicians. They may also ask you in-depth questions about your injuries, their cause, and their effect on your life.
The medical examiner will then generate a report, which the insurer will use to decide whether or not to pay benefits. Arriving at an insurer-required medical examination with all the necessary supporting medical evidence and prepared to answer questions about your injury is important.
The medical examiner may ask you many questions, including the following:
- How were you injured?
- What are your pain levels?
- Has your injury worsened?
- What medical treatment have you received or are currently receiving?
- What does a typical day look like with your injury?
- What physical or mental limitations do you experience?
Being prepared to answer these types of questions is important, as your responses directly influence the IME’s report.
What if You Don’t See an Insurance-Approved Doctor After a New York Accident?
Suppose you don’t comply with the insurer’s demand for you to see an independent medical examiner. What is the worst-case scenario, and is there any chance of you accessing personal injury protection benefits?
Missing an IME after an accident means risking being denied benefits. This might happen, even if you have tons of additional medical evidence proving injuries from the emergency room or other physicians.
Don’t risk unintentionally ignoring IME requests or other correspondence from your PIP carrier after an accident in New York, and let our attorneys help you with your recovery.
PIP isn’t your only option for compensation if your injuries are severe enough. We can see if suing the at-fault driver is possible by comparing your injuries to I.S.C. Law § 5102(d). You still need medical records for a personal injury lawsuit, so seek treatment after an accident.
How Can You Use Doctors to Help Your Compensation Claim for an Accident?
Physicians are vital to plaintiffs’ recoveries after accidents, and our lawyers can use their statements and the records they generate to help you get fair compensation.
Get Physicians’ Statements
We can get helpful statements from the doctors who have treated you after an accident. They can speak about the seriousness of your injuries, the treatment you’ve received, and whether or not you can make a full physical recovery.
Get Medical Records
We can use the medical records generated from doctor visits to help your compensation claim. Not only will records contain the diagnoses doctors have given you, but they will also contain doctors’ notes and impressions.
Call for Help After a New York Accident
Call the Bronx, NY car accident lawyers of The Carrion Law Firm at (718) 841-0083 for a free case review.