If you were involved in an accident, but another driver was named at-fault, you would negotiate with the other driver’s insurance company. On the other hand, if you were held responsible for that accident, you would need to negotiate with your own insurance company.
A second reason for negotiating with your own insurance company:
You were hit by an uninsured or an underinsured driver. In that case, you would make a 1st party claim. Adults that have made a 1st party claim must take part in negotiations with their own insurance company, or pay a lawyer to take on that same role.
Procedure that the policy holder must follow:
• Notify insurance company of plans within the time period that is stated in the policy.
• Sign release that allows company to obtain your medical records.
• Sign release that grants to the insurance company permission to review information on your salary.
It is the policy holder’s job to make sure that neither of the releases named above is overly broad. Policy holders have the right to request a limit on the amount of material released to the insurer.
If the policy holder gets asked to attend an independent medical exam (IME), that same policy holder must schedule time for going to such an exam. During the course of that exam, the policy holder should be as honest as possible.
Understand that the insurance company does not have to feel restricted to the scheduling of only one IME. It can schedule a second IME, in order to compare the findings from the 2 examinations.
Never worry about having to attend a 3rd or 4th IME. An insurance company would cause a judge to lift his eyebrows, if it tried to schedule more than 2 IMEs. A court might view that as an attempt to force the victim to go along with the opinions expressed by the examining physicians.
A doctor’s opinion holds some weight, but it should not get viewed as the deciding factor, if someone has given thought to filing a personal injury claim. Other factors should be considered, during an effort to reach an ultimate decision. Those are things like the name of the person who has been named at fault and the amount of coverage indicated in the policy holder’s purchased policy.
A court may weigh the significance of those factors against the information found in the report from the examining physician. A Personal Injury Lawyer in Oakville might elect to gather evidence that can shed some light on the significance of those particular factors. Sometimes that evidence can suggest how a court would rule, if asked to decide whether or not an accident victim has grounds for filing a personal injury claim.
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