I am a resident of New York who was in an auto accident, and I have a claim with my auto insurer for personal injury protection benefits. My insurer has ordered me to attend an independent medical exam. I wish to record this exam, but the insurer refuses, saying it would be a breach of contract. My question: are there any legal restrictions from audio and / or video recording the exam?
Mr. Libutti, hard to say. The law in New York states that you have a right to have a representative present during a physical examination by a doctor (at least in the context of a civil lawsuit) and provided the representative does not interfere with the examination. Hence the reason why a lot of firms use agencies such as IME Watchdog and IME Companions to have someone accompany their clients to IMEs. Courts tend to frown on video recording examinations unless there absent a showing of special circumstances. The rules are a bit different for no-fault examinations such as yours as they are governed by an insurance contract, not the civil practice law & rules (CPLR). That said, you'd probably have to look at your insurance contract to see if there's any prohibition against recording your examination. Keep in mind that a doctor may very well refuse to examine you if he or she knows they are being recorded.
Best regards,
Jonathan R. Ratchik, Esq.
Kramer, Dunleavy & Ratchik, PLLC
61 Broadway, Suite 2220
New York, NY 10006
(212) 226-6662
http://kdrpilawyers.com/
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