personal injury - employment law - commercial litigation
Medical Examinations Under Uninsured Motorist Policies:
In a March, 2014 decision the Florida Supreme Court ruled that an injured motorist who fails to attend a compulsory medical examination ordered by the insurance carrier under the terms of the injured person’s insurance policy does not automatically lose his or her benefits.
The insurance carrier can deny benefits only if it can show that it was prejudiced by the injured person’s failure to attend the medical examination.
The decision is founded upon simply rules of contract construction. An insurance policy is a contract between the auto owner and the insurance carrier. The owner agrees to pay an insurance premium and the carrier agrees to pay the owner’s medical expenses, lost wages and other damages resulting from an accident caused by an uninsured driver. Uninsured motorist coverage in the same amount of an owner’s bodily injury coverage is required under Florida law, unless the owner signs a waiver. NEVER SIGN SUCH A WAIVER!
Under the rules of contracts, one party is relieved of performing if the other party materially breaches the terms of the contract. Thus, the insurance carrier must show that the injured person’s failure to attend the medical examination was a material breach. A breach is material only if the other party was unduly prejudiced – a substantial hurdle in denying benefits.
If you or a loved one is injured in an automobile or motorcycle accident as a result of the negligence of another, please call me before you give any statements to the insurance carrier or submit to a medical examination.
I personally represent automobile and motorcycle accident victims. Referrals are always appreciated.
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