If you are injured in a motor vehicle accident in Massachusetts, you may be able to seek compensation through the at-fault driver’s Personal Injury Protection (PIP) auto insurance policy. In order to receive benefits, there are several procedures and rules that you may be required to follow, including those surrounding medical examinations. As dedicated Boston car accident lawyers, we have guided numerous injured persons through the claims process while helping them protect their rights.
Recently, a Massachusetts appellate court considered a case in which the plaintiff was injured in a car crash during 2009. The woman filed a claim with her auto insurer, pursuant to her PIP policy. Next, the insurer arranged for a medical examination of the plaintiff, pursuant to the PIP statute. The heart of the plaintiff’s lawsuit against the insurer was based on the notice that the insurer sent to the plaintiff regarding the examination. It stated that she would be examined by a physician of the insurer’s choosing. According to the record, however, the selected person was not a medical doctor but a doctor of physical therapy. The insurer sent the plaintiff a copy of his report regarding his examination, which identified him as a doctor of physical therapy and a licensed physical therapist.
The plaintiff’s lawsuit was dismissed on the basis that she did not file it within the appropriate statute of limitations. According to the judge, the plaintiff was on notice as of the date that the notice was sent listing the individual as a doctor of physical therapy. This gave the plaintiff sufficient awareness that the insurer had not complied with the statute’s requirement that a physician conduct the exam.