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No-Fault Penalty for Car Accident Victim’s Refusal to Take Exam

Lawyer Commentary on No-Fault Statute: MCL 500.3153

Refusal to submit to mental or physical examination or to make available reports of examinations

If a person injured in a car accident later refuses to undergo a mental or physical examination requested by his own No-Fault insurance company, or refuses to provide a medical report regarding his medical treatment from a car accident, the trial court can:

  1. Decide on the exact state of a person’s injury by ordering “that the mental or physical condition of the disobedient person shall be taken to be established for the purposes of the claim in accordance with the contention of the party obtaining the order.”
  2. Prohibit a person from raising “designated claims or defenses” and/or prohibiting the person “from introducing evidence of mental or physical condition.”
  3. Enter a judgment against the person, such as dismissing the lawsuit.
  4. Require the person to “reimburse the insurer for reasonable attorneys’ fees and expenses incurred in defense against the claim.”

No-Fault Lawyers of Michigan Auto Law

The lawyers 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 accident, truck accident or motorcycle accident and need help navigating through your No-Fault insurance policy, please call one of our expert attorneys for a free case evaluation at (800) 777-0028. Or you can fill out our consultation form. There is no fee or obligation.

We are here to help you.