Ask Experts Questions for FREE Help !
Ask
    chris222's Avatar
    chris222 Posts: 1, Reputation: 1
    New Member
     
    #1

    Dec 6, 2005, 12:13 PM
    Auto Accident In Ny
    Scenario:

    Woman takes prescription medicine before driving. She later dozes off at the wheel and wrecks rental car. She admits to the cop she fell asleep.She is not charged with driving while impaired and goes and seeks medical care from her doctor for her injuries. She has now been told the rental company's carrier wants her to submit to a medical exam as allowed by no fault.The medicine she took can induce drowsiness, and was not taken correctly. Does the independent doctor have the right to ask her about any medications she was taking at the time of the accident and the amount? Does same doctor have the right to ask for all doctors who are were treating her at the time of the accident independent of the treatment of the injuries?

    Thanks.
    NeedKarma's Avatar
    NeedKarma Posts: 10,635, Reputation: 1706
    Uber Member
     
    #2

    Dec 6, 2005, 12:22 PM
    You don't often find actual lawyers doing pro-bono work on anonymous discussion boards; and what you need is an actual lawyer, not someone that plays one on the internet. Just sayin'...
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,302, Reputation: 7692
    Expert
     
    #3

    Dec 6, 2005, 01:00 PM
    No fault
    She can decline to answer, no person can be required to testify against thierself.

    I am not up on NY law but if state law allows an insurance carrier or rental car to hire an independent doctor, they have the right to do that.

    Also since there is damage to the auto, even if the police does not charge them, their police report and officer statements can be used against them in civil action. ( law suit over rental car repair)

    The rental car company can sue for damages if the person was acting reckless or improper.

    This person needs to hire an attorney before they speak to anyone.
    And never speak to anyone without the attorney present.

    ** opinion, not legal advice
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
    Uber Member
     
    #4

    Dec 7, 2005, 07:56 PM
    Any doctor that treats her for the purpose of legal consultation has the right to ask any and all pertinent questions. Actually I find it a little strange that the car rental company would insist on a medical exam in this case. Usually the rental company would not be liable for the driver's injuries in a situation such as this so it seems unnecessary.
    tyieka's Avatar
    tyieka Posts: 34, Reputation: 6
    Junior Member
     
    #5

    Dec 8, 2005, 10:46 AM
    Auto accident
    In the first place the driver was
    Surely negligent taking medication without checking its content to see if it would impair her driving, most medication does carry a statement if they are known to impair the use of machinery and driving warning the taker NOT to do either. I am surprised that the police did not take action after she admitted to falling asleep at the wheel. In the U.K the traffic police would have taken action against the driver for driving while under the influence of a substance liable to impair driving.
    Hope this helps you
    tyieka

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Auto Accident Help [ 3 Answers ]

Hi I was involved in an auto accident and I live in California. This is my first accident and I'm not sure what to do and what not to do. Any help will be appreciated. Thanks and here is my story. 8/19/06 I was sitting at a red light second car in line. The light turned green the car in front...

Auto accident with no witness or police report [ 2 Answers ]

I was parking my car at a busy gas station and hit a curb. The guy behind me said that I hit his car, but I said I didn't. None of the other customers witnessed anything, (it was full that day) and the police were not called. Am I liable for his "damages"?

What Happens If Its My Fault In An Auto Accident [ 5 Answers ]

Question 1: OK if I don't have auto insurance and I hit someone who is insured and its my fault and the two children in the back seat of her car are injured but not seriously are not the drivers children can I be sued by both parties by the driver and by the parents of the children Question 2: ...

Auto accident fiasco [ 2 Answers ]

hi. i am writing because a friend here at work just came to me with a BIG problem and we don't even know where she should begin to seek help! here's the deal in a nutshell: she had a van in her garage for a year that wasn't running well. in december a friend came to her because he had no...

Auto accident liability [ 5 Answers ]

Recently my wife was involved in an auto accident. It was her fault (she hit a parked car). We live in a no fault state, and the person who's car she hit wants us to pay for the damages. While we have full coverage insurance, she only has personal liabilty insurance (the minimum that our state...


View more questions Search