Do I have to go? If I do go, what should I do?
Your insurance company can force you to be examined by a doctor of their choice. These examinations are called “insurer exams”.
There are rules that determine both when your insurance company can have an insurer exam and what type of doctor /heath care provider performs the examination. If your insurance company was playing by the rules when it set up an insurer exam, you must go.
You have some rights concerning the examination:
- The right to send the insurance company doctor other medical records and reports you want the doctor to consider.
- The insurance company must arrange for your transportation to the examination if you request it.
- The insurance company must make reasonable efforts to schedule the examination for a day and time that is convenient for you.
- There are time lines that govern when they can ask you to go to an insurer exam.
- The insurer exam must be conducted at a place reasonably close to your home.
- You have the right to get a copy of the report.
As far as what you should do at the exam, my best advice is: be honest, tell the truth, and make your best efforts on all tests. At some point in time in the case you may feel that no one believes you. You may feel that you have to convince the insurance company doctor that you really are hurt. That may tempt you to exaggerate your problems. In your own best interest, resist that temptation.
At the insurer exam, there will be tests to determine if you are making your maximum effort and if you are being consistent. What you say about your health before and after the accident will be tested against your doctors’ records. There may be measures to determine if your answers, effort and presentation are valid. Keep in mind some insurance companies will have you under surveillance on the day of your insurer exam.
If you have exaggerated or fudged the truth, the insurance company doctor will likely conclude that you are lying; that you can do a lot more than you say you can; and that you are not as injured or as disabled as you are.
Honesty is always the best policy; When you make an effort to be truthful you are more likely to get a favourable report.
However, if your insurance company is sending you to be assessed by one of their doctors it is likely that trouble is about to start and you should consult a lawyer.