Expert: Bennie719 - 2/16/2008

Question
I am in final stages of settlement offer from Insurance Company regarding my no fault auto accident. My insurance adjuster has a problem with my Orthopedic Specialist final report and wants me to see one of their own doctors. Does CA state require this and if so what is the Statute code? I think that I am not required to see their doctor and need to know the CA state statute code to place in my rejection letter to insurance claim adjuster.

Answer
Hi Adrenna, I just found your question in the question pool where someone had sent it instead of providing an answer.
I am not an attorney, so I can't quote you statue and code from law books.
I am, and have been a licensed insurance broker since 1964.
Yes, the insurance company has the legal right to require you to submit to an "Independent Medical Examination" (IME).
Of course, there is nothing independent about this examination since he has been hired by the adverse company.
Usually there is no examination either.  The doctor will be provided with copies of all your medical records which he will review and question you about.
In most cases, he uses his knowledge to discredit your Orthopedic Specialist and give the insurance company reasons why your injury is not as severe as presented.  He will also be available to testify against you if your case goes to trial.
If you have an attorney, allow him to arrange the appointment and to accompany you to the IME.
I hope this information has been of help.
Sincerely,
Bennie
San Francisco Bay Area