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    chris222's Avatar
    chris222 Posts: 1, Reputation: 1
    New Member

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

    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?

    NeedKarma's Avatar
    NeedKarma Posts: 10,635, Reputation: 1706
    Uber Member

    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: 81,301, Reputation: 7692

    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

    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

    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

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