There are few, if any, aspects of your motor vehicle accident case more essential than the quality and availability of your medical records. Whether it is the sufficiency of your physical therapy records, pain management injection reports, or simply physician reports associating your injuries with your car accident, such medical reports can often make or break your case.
Michigan No-Fault Law
Under Michigan law, all vehicles are required to carry a type of personal injury insurance known as “no-fault” insurance. If you are involved in a motor vehicle accident, your no-fault insurance carrier is responsible for paying your medical expenses, regardless of fault. Accordingly, your insurance company will be in direct receipt of any medical records related to your treatment. If your claims adjuster finds that your medical records are inconsistent, insufficient or illegible, than you may be denied medical coverage.
Types of Records Reviewed by Insurance Carriers
If you have been injured in an accident, your no-fault insurance provider also has the right to send you to “independent medical examinations” or “IMEs.” During these examinations, an independent physician will review all available medical records and items he or she will be looking for include the following:
- A statement of “causation” from your treating physicians, i.e., a statement in your records that the injuries being treated were caused by your motor vehicle accident
- The consistency and frequency of your treatment. For example, whether you have been attending physical therapy or receiving chiropractic care at a frequency in accordance with the recommendations of your treating physicians
- The detail in which your treating physicians describe the nature and severity of your injuries
- Any recommendations made by your treating physicians regarding the necessity for and continuation of treatment
If the physician conducting your IME determines that your medical records are insufficient, your no-fault insurance carrier may terminate the remainder of your medical benefits despite the persistence of your injuries. If you have been scheduled for an IME or have recently begun medical treatment under your no-fault insurance, it is essential that you contact attorneys who understand the nature and qualify of the medical records required by your insurance carrier.
Be Sure to Consult an Attorney Who Understands the Importance of Medical Records Under No-Fault Insurance Laws
The attorneys of Michigan Injury Lawyers have years of specialized experience assisting clients gather and prepare the medical aspects of their car accident cases. We understand the complexities and requirements of the no-fault system and meeting with one of our lawyers is completely free. To schedule a no-risk consultation with one of our Michigan car accident lawyers, please call our office today at 313-GET-HELP.
1 https://www.michigan.gov/documents/cis_ofis_ip202_25083_7.pdf
2 http://apps.americanbar.org/litigation/committees/products/articles/summer2014-0714-how-to-correctly-approach-independent-medical-exams.html
Thomas L. Stroble
FOUNDER
Mr. Stroble is a highly accomplished graduate of Michigan State University, with degrees in both science and law. He specializes in commercial lawsuits and personal injury cases. Licensed to practice law in Michigan and even the U.S. Supreme Court, he’s a well-qualified legal expert. Besides his career in law, he loves outdoor activities and volunteers as a part-time police officer in Birmingham.
Author's Bio