In Massachusetts, the Boston Municipal Court’s Appellate Division decided the case of Cotton v. Hanover Insurance Company (Lawyers Weekly No. 13-010-1), in favor of the insurance company because the claimant failed to show up to two scheduled medical examination appointments. The Boston car accident attorneys at the Law Office of Neil Burns can help you navigate Massachusetts laws and rules regarding car accidents and insurance, which are numerous and can be complicated.
In the Cotton case, the judge denied “personal injury benefits” to the injured person because he failed to attend two medical examinations set up by the insurance company. These medical examinations are called “independent medical examinations” or IME’s by the insurance companies, however, they are more commonly known as “insurance medical examinations.” The injured person said that there was no harm to the insurance company and tried to argue that an insurance company must show actual prejudice before it can deny an injured person’s claim for benefits even if an injured person fails to attend two medical examination appointments. But the Court disagreed.
The Appellate Division said that the trial judge acted permissibly in finding for the insurance company. It did not require the defendant insurance company to show that it had been prejudiced by the plaintiff’s conduct, or by the injured person’s failure to attend the insurance examination.
Therefore, you must attend medical examinations, and the best way to navigate the myriad insurance rules and requirements like medical examinations, is to speak with a qualified and experienced attorney to assist you.