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I've received a letter for an IME for a "no fault" case, and damages (neck, back) from an accident ocured last july 4th 2013.

Miami, FL |

My attorneys had said to me (one month and a half ago) that, the person's insurance policy limit who crassed me with fault (rear end), doesn't cover my damages (of course it is covering medical expenses). Now I am receiving a letter for an IME from the insurance company of the rental car that I was driving. I'd like to know what has happened now and if the insurance company from the rental car driven by me must comer the potentia l damages mentioned. I don't trust in my current attorneys. They don't answer my calls.Thank you.

Attorney Answers 7


  1. If you are still currently treating for injuries related to your accident you should attend the IME. If you do not they can discontinue further payment of your medical bills based on "failure to cooperate". However, if you have a valid excuse for not attending, ie attendance at a funeral, car breaking down, this would be considered a reasonable reason for not attending, but your attorney must contact them to reschedule the appointment.


  2. From your question, it appears you have a lot of confusion about what benefits your are entitled to. It is unfortunate that you and your attorneys are not communicating. I strongly suggest that you set up a face to face meeting to discuss these issues with your lawyers. Ask them about who is really paying for the medical expenses (PIP), and what are the limits of liability insurance, and why do you have to go to the IME. Most important, ask what is the overall game plan and what can you really expect in the matter. If there is limited insurance, is containing your medical expenses to the PIP limits a reasonable consideration so that you do not have to pay for medical expenses from your settlement? Do you have health insurance and how does that factor into the situation. Meet with your lawyers and if you do not like what they say-- even if it is the truth-- get a second opinion.


  3. I agree with what the other attorneys have written. Communication is an integral part of any attorney/client relationship. Arrange a face to face meeting and if that does not work, you might want to obtain a second opinion.

    The information provided herein is not intended to be legal advice and no attorney-client relationship exists as a result. Before relying on any advice, please consult an attorney.


  4. None of us can second guess what your current counsel is doing. Demand a sit down meeting and clear the air. If you walk away from that meeting dissatisfied, find new counsel.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.


  5. Agree with other counsel statements. Set up an appointment and talk to your attorney face-to-face to have your questions answered. Maybe the issue is just a misunderstanding. If not, then you may consult another attorney for a second opinion.

    DISCLAIMER: We do not have an attorney-client relationship. Only those persons who have a signed written fee agreement and authority to represent with me is an actual client. This response does not form an attorney-client relationship, nor is it intended to be anything other than my educated opinion or viewpoint. It should not be relied upon as legal advice. I recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. Do not act on any information in this response without seeking legal advice from an attorney in your area.


  6. You can always get a new lawyer if you are not happy with your current one.


  7. You need to meet with your attorney. Make that your mission this week to at least get an appointment set up. Call and write to him/her and request it.
    Under Fl. law your ins. co. pays your meds via the PIP portion of your policy. If you own a car in Fl., it's your auto carrier. It could possibly be the rental car's carrier. But it is not the at-fault party's carrier. The IME is set by the carrier providing PIP benefits. If you fail to attend that could cause the carrier to deny future PIP benefits which will hurt you later and could also have serious implications on UM benefits, if UM is involved. Go see that attorney!

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