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Filing No-Fault Lawsuit Waives Doctor-Patient Privilege

Attorney Commentary on No-Fault Statute: MCL 500.3152

Reports as to mental or physical examinations, availability, contents, waiver of privilege

A person injured as the result of a car accident in Michigan may be required to attend a physical or mental insurance examination if they have hired a lawyer and filed a Michigan No-Fault lawsuit. These examinations are often brief, one-time exams by a doctor selected by the insurance company responsible for payment of No-Fault (PIP) benefits. After being examined, an insured is entitled, upon request, to receive a copy of the examining insurance company physician’s report. These insurance doctor evaluations are frequently used by adjusters to stop payment of No-Fault benefits to an injured person.

By hiring a lawyer to file a lawsuit against the insurance company, the insured waives or gives up any privilege she may have otherwise had regarding the medical treatment and opinions of every other doctor who has examined or would later examine her for the same mental or personal injury. She also gives the insurance company the right to inspect and copy the records of physicians and medical facilities relevant to the injury.

Insurance Attorneys of Michigan Auto Law

The attorneys of Michigan Auto Law have been specializing in auto No-Fault litigation for more than 50 years. If you have been injured in a car, truck or motorcycle accident in Michigan and are confused about your No-Fault insurance rights, please call one of our expert lawyers for a free case evaluation at (800) 777-0028 or fill out our consultation form. There is absolutely no fee or obligation.

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