Medical Exams set up by the insurance company for the other driver are unusual in Illinois car accident cases, but sometimes it will come up.
I spoke to someone today who was rear ended less than 24 hours ago by someone who took their foot off the brake as both cars sat in a fast food drive through lane. It was relatively minor but that same evening, the insurance company for the driver who did the rear-ending was already calling the woman who was hit. They started asking her all about her medical history and after learning that she had a back injury many years ago, they immediately told her that she needed to go see one of their doctors.
Don’t be surprised when the insurance company calls you right away
Insurance companies will act very quickly in trying to contact the other driver, especially when they know that it was their own driver’s fault. This is deliberate and done for the sole protection of the insurance company, so that they can get out of paying you anything or paying you as little as they think they can get away with.
If the doctor works for the insurance company, how impartial will the results be? Exactly.
In the situation above, it is likely that the reason that the insurance company pushed for a medical exam by a doctor who is paid by the insurance company, is so that they can try to get a report written which says that her injury was not related to the accident. They are interested in documentation saying that her current injuries have nothing to do with her prior back problems. While this may or may not be the case, this should be established by an impartial doctor familiar with the victim’s medical history. The insurance company wants to jump the gun and get the documentation that they need to deny the claim. If a doctor says that the pain she felt after the accident isn’t really because of the accident, then the auto insurance company does not have to accept responsibility for her injury. Whether or not what she feels relates to the accident is best determined by her own doctor and by what she herself notices about her own body.
Do not take orders from the insurance company, especially regarding medical providers.
Make no mistake about it, following a car accident, when someone else’s insurance company wants to send you to their own doctor, this is not so that they can help you or provide you with medical treatment. It is solely for their protection. Do not let their insurance company tell you what you need to do because their motives are not in synch with your own objectives, especially if the accident was not your fault. If you are being told what to do by the other driver’s insurance company, you should speak to your own attorney immediately and before agreeing to anything.
If you are being either bullied or gently guided into doing something that you aren’t sure about by an insurance company, give us a call before it’s too late.