Usually, the examination will be rescheduled. However, failure to appear for a No Fault examination can result in a denial of benefits and the First Department has ruled that this denial of coverage can be retroactive to the date of the accident.
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The quick answer is yes the carrier can deny all benefits as the failure to attend an IME is a policy violation. The real question is whether or not the denial will stand up to scrutiny. Generally speaking, missing one IME will not withstand a challenge to the denial either through litigation or arbitration. If you have an attorney, you should discuss the possibility of challenging the denial. If you don't have one, you may want to consider hiring one.
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Yes the carrier can do this. However, usually it is rescheduled. If it is not the first time an appointment was ignored then yes they will, and can. If you are injured you should speak with a personal injury attorney.
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Yes, the insurance carrier can deny benefits under these circumstances. However, you do have legal remedies available to try and fight this denial of benefits so I recommend you secure counsel to assist you with this matter.
Yes it is totally legal. The other half of my practice is no fault collections. You must appear for a reasonably secheduled IME. If not then you violated a policy condition precedent to coverage. And even if you signed an assignment of benefits to the doctor, for violation of a policy condition precedent to coverage YOU are on the hook for the medical bills.
yes because it is a form of non-cooperation with the ins co. & therefore a policy violation. As the other attys said, ask your atty to contest it, if you only missed one IME.