The medical examination gets initiated as well as entrusted byinsurers to one of his medical consultants, then on the basis of the medical reports assessing the sequelae, the insurer must make an offer of compensation within five months from the date of which he was informed of the consolidation of the victim of the bodily injury.
Right to Comprehensive Compensation
An accident victim has the right to full reparation for damages suffered, this is a fundamental principle.
Faced with the medical expertise that will determine the extent of the after-effects and injuries suffered, the victims of accidents (traffic, medical, domestic, offenses) are most often unprepared and poor in front of professionals of the compensation. The personal injury lawyers Hamilton are there to support you.
The risks of impartiality and inequality between the insurer (who will have to pay) and the victim are not without consequences for the victim of accident and bodily injury.
Most often the victim of bodily injury is not assisted by the medical adviser and presents himself alone at invitations of the adviser of the insurer, although the law requires the insurer to inform the victim that may be assisted by a medical officer and a lawyer.
Often the accident victim is persuaded by the arguments of some insurers who try to dissuade her from being assisted by a lawyer by claiming legal fees and fees and could, in their opinion, slow down her compensation.
With an amicable expertise, the insurer controls
- The assessment of the damage that he will have to pay
- In some cases, the victim entrusts the defense of his / her interests to his / her insurer within the framework of the Legal Protection since it considers that because of this legal protection for the victim, it is “free”.
The unilateral amicable examination does not allow any contradiction on the evaluation of the consequences of the victim made by the “medical adviser” of the insurer, missioned, and consequently remunerated by the insurer.
The mission and the injury positions of the accident victim who will have to be informed by the medical adviser are fixed by the insurer.
- It is therefore on the basis of the unilateral medical evaluation of his own doctor that the insurer makes an offer of compensation.
- However, there is nothing that allows the bodily injury victim to know whether the forensic evaluation of the injury items is in keeping with reality. Thus and paradoxically, to assess and quantify his personal injury, the victim relies on his opponent.
- The insurer thus determines how much and when it will pay to the accident victim placed in a situation of economic vulnerability and often forced to accept compensation, much lower than that to which he is entitled to avoid complications that would delay further the payment of a provision in particular.
The victim does not have a medical adviser or a specialized lawyer at his side, so he is not in a position to contest the medical assessment or the compensation offered by the insurance. With an amicable expertise, the insurer controls the evaluation of the damage.