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No-Fault Law Allows Mental, Physical Examination of Auto Accident Victims: IME

Attorney Commentary on No-Fault Statute: MCL 500.3151

Mental or physical conditions material to claim, examination, policy provisions

If you have suffered personal injury as the result of a car accident, often the insurance company responsible for paying No-Fault benefits will require the injured claimant to undergo insurance medical examinations with doctors that the insurance company hires.

Unfortunately, these “second opinion” insurance exams are frequently a precursor to an adjuster advising an injured claimant that the insurance company will no longer pay the person’s No-Fault benefits.

These insurance examinations can be for either mental or physical injuries. The insurance companies often refer to these examinations as “independent medical evaluations” or IMEs.

As long as the medical examination is related to a claim for No-Fault benefits, the insurance companies have a contractual and statutory right to require a car accident victim seeking payment of benefits to attend. If an insured person refuses to attend, the insurance company may stop payment of No-Fault benefits, as explained in MCL 500.3153.

Significantly, auto insurance companies also have obligations with respect to the IMEs they require car accident victims to submit to. Specifically, the IME doctors that car insurance companies hire must meet the following qualifications:

  • The physician must be “licensed as a physician in this state or another state.”
  • If the victim is being cared for by a “specialist,” then the IME doctor “must specialize in the same specialty.” This includes being “board certified in that specialty” when the victim’s treating physician is “board certified in the specialty.”
  • During the year leading up to the IME, the IME doctor “must have devoted a majority of his or her professional time” to the “active clinical practice of medicine” (including any relevant specialty) and/or teaching at an accredited medical school or an “accredited residency or clinical research program for physicians.”

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.

We are here to help you.

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