{"id":1039,"date":"2020-10-26T18:44:11","date_gmt":"2020-10-26T18:44:11","guid":{"rendered":"https:\/\/www.justinian.com\/?post_type=faqs&p=1039"},"modified":"2024-01-03T17:35:43","modified_gmt":"2024-01-03T23:35:43","slug":"do-i-have-to-see-the-insurance-companys-doctor","status":"publish","type":"faqs","link":"https:\/\/www.justinian.com\/es\/faqs\/tengo-que-ver-al-medico-de-la-compania-de-seguros\/","title":{"rendered":"Do I have to see the insurance company’s doctor?"},"content":{"rendered":"\n

That depends if you file a lawsuit for bodily injuries caused by the car accident.<\/p>\n\n\n\n

If you do, in some cases the other driver or insurance company can ask the court to require that you are examined by their physician.<\/p>\n\n\n\n

Texas Law for Medical Examinations in a Personal Injury Lawsuit<\/h2>\n\n\n\n

In a lawsuit, the injured person bringing the lawsuit is called the plaintiff<\/em>. The person or company being sues is the defendant<\/em>.<\/p>\n\n\n\n

Under Texas Rule of Civil Procedure Section 204.1, both the plaintiff and defendant can make the other one undergo a physical or mental examination if there is good cause<\/em>.<\/p>\n\n\n\n

The party that wants the other to undergo the medical exam must show:<\/p>\n\n\n\n

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There is a medical condition the plaintiff and defendant disagree about<\/h3>\n\n\n\n

For example, if an injured victim has ongoing pain after an accident, an at-fault driver may try to claim the victim is faking. That means there is an ongoing controversy<\/em> about the facts.<\/p>\n\n\n\n

The exam will reveal evidence relating to the issues in the lawsuit<\/h3>\n\n\n\n

For example, if the lawsuit is about the injured driver\u2019s broken leg, the defendant cannot make the victim have a medical exam on their arm. That is because it is unrelated to the accident.<\/p>\n\n\n\n

But imagine the injured driver says \u2018no one could have seen that truck coming.\u2019 The other driver might be able to require the injured driver to have a vision exam.<\/p>\n<\/div>\n\n\n\n

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The information cannot be obtained with simpler methods<\/h3>\n\n\n\n

Imagine the injured driver\u2019s doctor conducted an X-ray. Let\u2019s say the defendant doesn\u2019t trust that doctor and wants the injured driver X-rayed again. A judge might not require that, because there is an easier method: Let the defendant\u2019s doctor look at the X-ray.<\/p>\n<\/div>\n<\/div>\n\n\n\n

If an insurance company is trying to get you to see their doctor, speak to a Texas personal injury attorney<\/a> at Justinian & Associates. We offer an entirely free consultation with a seasoned attorney. Tell us your story, and we\u2019ll explain your rights under Texas law.<\/p>\n","protected":false},"featured_media":0,"parent":0,"template":"","faq_tax":[8],"class_list":["post-1039","faqs","type-faqs","status-publish","hentry","faq_tax-auto-insurance"],"acf":[],"x_date":"octubre 26, 2020","x_metadata":{"_yoast_wpseo_primary_faq_tax":"8","_yoast_wpseo_focuskeywords":"[]","_yoast_wpseo_keywordsynonyms":"[\"\"]","_trp_translated_slug_es_ES":"tengo-que-ver-al-medico-de-la-compania-de-seguros","_yoast_indexnow_last_ping":"1704324944","_yoast_wpseo_videositemap_rating":"0","_yoast_wpseo_estimated_reading_time_minutes":"","_yoast_wpseo_wordproof_timestamp":""},"_links":{"self":[{"href":"https:\/\/www.justinian.com\/es\/wp-json\/wp\/v2\/faqs\/1039","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.justinian.com\/es\/wp-json\/wp\/v2\/faqs"}],"about":[{"href":"https:\/\/www.justinian.com\/es\/wp-json\/wp\/v2\/types\/faqs"}],"wp:attachment":[{"href":"https:\/\/www.justinian.com\/es\/wp-json\/wp\/v2\/media?parent=1039"}],"wp:term":[{"taxonomy":"faq_tax","embeddable":true,"href":"https:\/\/www.justinian.com\/es\/wp-json\/wp\/v2\/faq_tax?post=1039"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}