Doctor Won’t See Me After Car Accident in New York Law

If you have been injured in a motor vehicle accident in New York, you may prefer to avoid the emergency room and seek treatment from your family doctor instead. Or you may need follow-up care after being released from the emergency department. But when you call for an appointment, you might be in for a surprise when your personal physician outright refuses to treat you for car accident injuries.

As strange as it may seem, there are actually several reasons why personal physicians refuse to see patients who have been injured in a car accident. In fact, some may simply state that they don’t treat car wreck patients as a general rule. Is this fair? Is it legal?

At the Law Office of Evan W. Kohn, our experienced NYC car accident team has helped countless clients obtain the care and compensation they need. We understand how insurance companies and medical providers operate, and we will ensure that your rights are protected throughout the entire process. Contact us today at 718-409-5500 for a free and confidential consultation about your case.

Why Your Doctor May Refuse to See You After a Car Accident

Although it might be quite disheartening to be turned away by your doctor in your time of need, it is fairly common for primary care physicians to refuse to see patients who have been injured in car accidents. Generally speaking, they’re worried they won’t get paid.

Car accident cases frequently involve lawsuits, more than one insurance company, and multiple parties. And most primary care physicians have little to no experience billing personal injury protection (PIP) insurance, which is a required form of no-fault coverage in New York intended to protect car accident victims from delayed compensation in personal injury claims.

Billing PIP is an involved and very precise process; if the doctor fails to document your treatment in a highly specific manner, or the auto insurance company takes issue with the doctor’s diagnostic code, payment may be delayed, reduced, or denied. When payment is denied, doctors may have to hire their own legal counsel to obtain compensation for the treatment they provided. As such, many personal physicians are reticent to treat car accident victims.

Is it Legal for My Doctor to Refuse to Treat Me?

In addition to the complicated billing involved with car accident cases, doctors may also decline to treat these patients because of the added paperwork, phone calls, and the potential for being called as an expert witness. Basically, they want to avoid the legal system. Although this might not be particularly fair to the patient, it is legal. Emergency room doctors are legally obligated to treat anyone in need, but personal physicians can refuse to treat patients for a million reasons.

Furthermore, family physicians are often not equipped to deal with the kind of injuries common to motor vehicle accidents. Traumatic injuries caused by blunt force, such as whiplash, broken bones, soft-tissue damage, and brain injuries, may be better handled by an emergency room doctor or a physician who specializes in auto accident injuries.

What to Do if Your Doctor Won’t See You After an Accident

Although it is likely in your best interest to seek emergency treatment at the hospital immediately following a car accident, you may require follow up treatment with another physician. Emergency room doctors generally treat acute injuries only. But if your personal doctor is refusing to treat you, what should you do?

In addition to not having experience billing PIP insurance, your primary care physician may not have the training and equipment to effectively diagnose and treat your auto accident injuries. This can result in subpar medical care and a delay in any compensation you may receive by filing a personal injury claim or lawsuit.

For these reasons, it is in your best interest to seek medical treatment from a car accident doctor. An experienced accident doctor can ensure that you receive the quality treatment you need and that CPT coding and medical authorizations are accurate when billing auto insurance companies. An NYC car accident lawyer can help you find the right accident doctor for your unique needs.

How a Car Accident Lawyer Can Help You If Your Doctor is Refusing To Treat You

Sometimes a family physician will agree to treat a patient after an auto accident, requesting a letter from the auto insurer guaranteeing payment for any associated medical expenses. But when lawsuits are involved, it can take a long time to reach a settlement, and you shouldn’t put necessary medical care on hold while you wait to settle. In addition to being dangerous to your overall health and wellbeing, such a scenario also dramatically increases the likelihood of settling for less than you deserve.

Your Bronx car accident lawyer will help you find an accident doctor who can provide you with the quality treatment you need now. Furthermore, your lawyer will thoroughly review the details of your case to determine how to proceed, gather evidence to substantiate your claim, negotiate with insurers for a fair settlement, and take your case to trial if a settlement cannot be reached.

Contact the Law Office of Evan W. Kohn Today

If you have been injured in a car accident, the skilled legal team at the Law Office of Evan W. Kohn can help. We have been protecting the rights of NYC accident and injury victims for years, and we have an impressive track record of obtaining the compensation our clients want and deserve. In addition to protecting your rights and helping you recover damages, we can also help you get the medical care you need to begin the process of healing. Don’t go through this difficult time alone. Contact the Law Office of Evan W. Kohn at 718-409-5500 today for a free and confidential consultation about your case.