Insured Must Submit to Medical Exam if Request Reasonable

Posted on: June 27th, 2012       Attorney Thomas Newell

In a 2009 Decision, the United States District Court ruled that a car insurance company has the legal right to follow the procedure in its insurance contract and require a Pennsylvania car crash victim to submit to a medical exam without a court order.

A PA auto accident victim suffered internal injuries due to a car crash. Allstate demanded that she submit to an examination by a doctor of their choice. Her Pennsylvania car accident attorney instructed his client to not go to the exam. Allstate then stopped paying her medical bills.

The PA car crash lawyer filed a lawsuit vs. Allstate and asked the court to reinstate her medical coverage. The judge ruled that Allstate did not need prior court approval to schedule the exam for the Pennsylvania car accident victim. However, the court did provide the PA auto accident attorney with the ability to present evidence to prove that Allstate’s request for the examination was unreasonable. Williams v. Allstate Insurance Co., US District Ct. (ED) 2008-3031

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