Do I have to see the insurance company’s doctor?

That depends if you file a lawsuit for bodily injuries caused by the car accident.

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.

Texas Law for Medical Examinations in a Personal Injury Lawsuit

In a lawsuit, the injured person bringing the lawsuit is called the plaintiff. The person or company being sues is the defendant.

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.

The party that wants the other to undergo the medical exam must show:

There is a medical condition the plaintiff and defendant disagree about

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 about the facts.

The exam will reveal evidence relating to the issues in the lawsuit

For example, if the lawsuit is about the injured driver’s broken leg, the defendant cannot make the victim have a medical exam on their arm. That is because it is unrelated to the accident.

But imagine the injured driver says ‘no one could have seen that truck coming.’ The other driver might be able to require the injured driver to have a vision exam.

If an injured driver’s vision is in question, the defendant might be able to have the court require a vision test. But it is unlikely the court would require an X-ray, or other test unrelated to a person’s vision.

The information cannot be obtained with simpler methods

Imagine the injured driver’s doctor conducted an X-ray. Let’s say the defendant doesn’t 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’s doctor look at the X-ray.

If an insurance company is trying to get you to see their doctor, speak to a Texas personal injury attorney at Justinian & Associates. We offer an entirely free consultation with a seasoned attorney. Tell us your story, and we’ll explain your rights under Texas law.