Why Does The Defense Want To See My No Fault File When They Have My Medical Records?

by Friedman & Ranzenhofer, PC on August 5, 2011

in Buffalo Car Accidents

Initial medical expenses in nearly all Buffalo personal injury auto accidents are paid through the injured party’s No Fault insurance provider.  The medical providers treating the injured person submit their bills to the No Fault provider, which is then required to pay them.

As a result, the No Fault provider should have a complete record of every medical provider you treated with following a motor vehicle accident.  The medical providers also usually submit copies of their reports to the No Fault provider, which are a part of the file.  As a result, obtaining the No Fault becomes a means for the defense to double check that they have all of the medical records.

Also, No Fault insurance providers frequently require injured parties to undergo what they refer to as independent medical examinations.  This is an examination by a medical provider of their choosing.  Following this examination, the insurance company’s medical provider will provide an opinion regarding the injured person’s condition, whether that condition was caused by the motor vehicle accident, and if the treatment being undertaken is necessary.  Because the examiner is hired by the insurance company – which has an interest in not paying for treatment – personal injury attorneys usually look upon these examinations with some suspicion.  If the medical examiner cuts off treatment and finds that the person is not injured, this finding may be helpful to the defense.  As a result, it is to their benefit to obtain such reports.

If you have been injured in a motor vehicle accident and have any questions, please call us at 716-542-5444.

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