Can I refuse to be visited by the opposite insurance doctor?
In a car accident, is there an obligation to be visited by the medical expert of the opposite insurance? Can I suffer any harm if I refuse?
One of the most common questions within the claim for injury accident has to do with the obligation to be visited by the medical expert of the insurer allegedly responsible. A confusion that help the legislative changes and the attitude of insurance companies, which to date had no qualms about deceiving the rugged nature of the expert himself.
And forensic expert
Until the decriminalization of traffic accidents with injuries and the entry into force of the 2016 scale, personal injury were assessed by assigned to the various coroners magistrates court. The rugged stood a complaint and automatically was visited by the coroner for free, also exist in favor of the report by this presumption of veracity and objectivity implied that a large majority judges pos be guided its conclusions when of writing sentences.
At this juncture, insurers they could only try to discredit the forensic reports through the dictates of their own valuers.
Obligation to visit medical expert on the contrary: the current situation
Article 37 of the traffic scale, apply to all accidents after traffic January 2016, reads as follows:
Article 37.Need medical report and reciprocal duties of colaboración.1. the identification and measurement of the consequences and temporary injuries must be performed by medical report adjusted to the rules of this system.2. the injured must pay, from production of the damage, the collaboration necessary for medical services responsible designated account eventual recognize it and follow the evolutionary course of their injuries. the breach of this duty is not attributable to the insurer for the purposes of Rule 8 th article 20 of the law of insurance contract concerning the accrual of interest moratorios.3 entity. medical services provided by both the insurer and the injured the final medical report on which to assess the consequences, temporary injuries and all personal consequences. For the purposes of Article 7.3.c) of this Act is void the reasoned offer you attach the report, unless it had been given previously.
As can be seen, the new article provides for the obligation to visit injured by medical insurance expert culprit.
What happens if I do not let me visit by the expert insurance?
It might seem, under article outlined above, the only consequence would be for the injured that he refuses to be visited is by not charging interest for late payment.
Let’s see what it says in Article 7 of scale in paragraph 2:
For this purpose, the insurer, at its expense, you can first obtain private expert reports it deems appropriate, to be carried out by own or contracted services if it considers that the documentation provided by the injured is insufficient to quantify the damage.
The insurer, a reason for this article, may appoint medical experts to draw up reports on the injuries of the victim. What if he refuses to be visited ?. Chances are that the company will then send a reasoned reply to the injured, indicating that the payment can not proceed because their lack of collaboration is not possible to assess their injuries. The particular reached that moment, with that motivated can then have a claim against the insurer, annexing the valuation report their own medical expert answer.