Home > Research Legal Advice > Car / Auto Accident > Hit by a car in state of Michigan seven months ago and the insurance com...
Asked almost 2 years ago - Dearborn Heights, MI
FlagWhat is an IME and how much longer will this go on
If you are in a motor vehicle crash in Michigan your car insurer should pay you No Fault Benefits if you have made a written claim to them within 1 year of the crash and have supplied supporting documentation of your wage loss, medical care expenses and/or need for replacement services. You need to supply reasonable proofs to verify any such claims. They have 30 days after receipt of such proofs to pay the claim. If they are not acting timely, you can prompt them to take more timely action or you can hire counsel to advise you further, and perhaps sue your insurer. Depending on the amount in controversy, it is sometimes hard to find counsel to take your case and you may be better off pursuing it on your own. However, most Michigan lawyers will give you a free consultation and you may want to take advantage of that.
Your insurer has a right to have you seen by a doctor of their choosing (the so-called "independent" medical exam - IME). You have a right to receive a copy of any IME report and also to have it reviewed and commented on by your treating physicians. You would want to send such review/comments to the insurer for further consideration. Again, they have 30 days to act upon receipt of information on your claim(s).
You also have a right to make a pain and suffering claim against any at fault owner/driver and you must prove that you have suffered a serious impairment of a body function, permanent serious disfigurement or death to make such a claim. This claim is usually covered by the insurer of the other vehicle. These claims are generally a bit more difficult to assess without legal experience, and again, you may want to get a free legal consultation as to same. Certainly if you hire counsel to pursue such a claim, they are usually more willing to also help with your PIP claim if the economics of same wouldn't otherwise make sense.
Good luck.
There are several claims that you may have that you may not be aware of. You should gather information including the police report, all auto-insurance policies and declaration sheets that were in effect on the date of the accident for you and for any relatives that you were living with on the date of the accident. You may have rights under one or more of the policies that you are not aware of, and time may be of the essence! You should have these reviewed by a competent attorney. The insurer has certain rights regarding medical examinations by statute, and those rights may be expanded in the insurance policy. A prompt review is extremely important to protect any notice provisions and any statute of limitations issues.
An IME is an "independent medical examination." In the industry, we call these DMEs or Defense Medical Examinations because they are usually anything but independent. You weren't clear on what kind of claim you have -- for medical expenses, lost wages or for pain and suffering. Either way, it will go on until you get a lawyer. They don't have much of an incentive to resolve things with you.
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