Don't become the victim of an insurer "Doctor Shopping"

Written on the 14 July 2010 by Gavin Hanrahan

What is Doctor Shopping?

If you're involved in a motor vehicle accident or injured at work and make a personal injury claim, expect the insurance company to require you to see one of their doctors for examination. You may hear these reviews being referred to as 'independent medical examinations' (IME).

Requiring an examination by a doctor is quite common and shouldn't be a problem, in fact, it's actually quite reasonable for the insurance company to request this before they agree to pay your personal injury claim.

What is unreasonable is when the insurance company doesn't like or validate the doctor's opinion and they arrange for you to be seen by another doctor, in an attempt to try and find a doctor who will make a diagnosis that is more in their favour. Some insurers will even continue this process multiple times until they receive a doctor's opinion that will allow them to legally refuse to pay your claim. This is known as "Doctor Shopping".

The law can be quite vague when it comes to stopping insurance companies who are 'Doctor Shopping', especially since its common practice for an insurance company to request that you seek an IME from time to time (at reasonable intervals, for example yearly). If you think the insurance company is requesting that you seek too many IMEs, or they are requesting them at unreasonable time intervals (monthly), you should immediately refuse to attend the IME and give us a call to discuss your options. We will be able to determine if the insurance company is acting appropriately or not, and take action against them if they are acting unethically by not adhering to the law.

Too often we get contacted by clients for advice after they have already attended numerous doctors for the insurer and unfortunately in these circumstances the damage has been done.

Don't let this happen to you! If an insurance company contacts you for the purpose of attending one of its doctors for an IME, contact us immediately and we'll let you know if you are required to attend the appointment.


For any advice and assistance related to stopping insurance companies from doctor shopping, or personal injury claims, please call our Compensation & Insurance Claims team on 1800 994 279 or email us. A member of our team will endeavour to respond to your enquiry within 24 hours.


Author: Gavin Hanrahan
About: Gavin Hanrahan is the Managing Partner of Turnbull Hill Lawyers and the Partner-in-Charge of our Business, Commercial & Workplace Team. He advises clients on a broad range of business, workplace and HR issues, ranging from employment contracts to risk management. As one of the leading business lawyers in NSW, Gavin speaks to local business owners every day and understands both the needs and difficulties of launching, managing and growing a business. Our clients appreciate his practical, personal and solutions-orientated approach and his ability to respond to legal issues that are currently impacting businesses all over NSW.
Connect via: Twitter Google+ LinkedIn

Contact Us Now

We respond in 24 hours or less

Please provide details regarding your matter so we can assist you

Enquiry Form

Fill out our enquiry form and we'll respond within 24 hours

Please tick to verify that you are not a spam

 
Publications

How Formalising Your Property Settlement Can Save You Thousands Through Stamp Duty Exemptions

A stamp duty exemption applies post separation to a transfer or sale of matrimonial property if the property is transferred or to one of the parties to the marriage or to a child or children of either of the parties to the marriage (s.68, Duties Act 1997 (NSW)). A similar exemption also applies where there is a breakdown of a de facto or ...

Read More ...

The laws relating to AVOs will change on 3 December 2016

The laws relating to AVOs will change on 3 December 2016 from Turnbull Hill Lawyers Changes to the NSW Crimes (Domestic and Personal Violence) Act will commence on 3 December that will change the test for granting Apprehended Domestic Violence Orders (ADVOs). Previously, the court required proof that the Person in Need of Pr...

Read More ...

Traffic Law - Common Offences and Penalties

A List of Traffic Law Common Offences & Penalties - NSW Traffic Law in NSW is a complex and an extensive system of Rules and Regulations. It is not uncommon for an individual charged with an offence under one piece of legislation to be sentenced by a penalty prescribed under different legislation. A summary of the most common offences...

Read More ...

Misconception about workers' rights to make a "journey claim"

In June 2012 the O'Farrell government made significant changes to the New South Wales workers compensation regime. It was widely reported that workers had lost the right to bring a claim for workers' compensation if their injury was sustained on a journey to or from work... that is not the case. It is correct that the O'Farrel...

Read More ...

Capital Gains Tax and Family Law Property Settlements

Capital Gains Tax (CGT) and Family Law Property Settlements from Turnbull Hill Lawyers If you separate and you are considering retaining assets that if sold would result in a Capital Gains Taxation ("CGT") liability or if you are selling an asset at the time of property settlement that would result in a CGT liability ...

Read More ...

Previous | 2 3 4 5 6 7 8 9 10 11 | Next


Events
Blogs
"Lauren (Moroney), thankyou once again for great...

Jamie Howard

Liability limited by a scheme approved under Professional Standards Legislation

enquiries@turnbullhill.com.au