If you were injured in a car accident and are claiming benefits from the insurance company, you will, at some point, likely be asked to see one of their doctors (or a number of them). When people first receive the request they often wonder they are required to see the insurance assessor or doctor. “Do I have to go” is one of the first questions that I receive – can I stop them from sending me to their doctor, is another.
The Insurance Act does allow insurance companies to send you to see their doctors if it is reasonable and necessary in order to determine your entitlement to a benefit. However, the assessments and the number of assessments must be “reasonable and necessary”. Clients often complain that these assessors appear to be less than impartial and not always recording what is said (that is not to say that all assessors are that way – but I have heard the complaint from clients often). Clients sometimes wonder why they are being sent all of the way to Toronto if there are qualified assessors in their home town or near it. In some cases, you are entitled to have your choice of assessor see you and if there is an issue with one you can often object.
It is in your interests to ensure that the car insurance company is not sending you for more assessments than are necessary. It is also important to review the conditions of the assessment – ie: are you allowed to take notes, if you need someone with you can they attend, and do they require you to sign something that says that you won’t sue them even if they injure you through their negligence? We make a point of reading the consent forms and considering the provisions within them.
Please call us if you have questions or need us to give you a free consultation about the issues in your case.