Suppose you have been injured in a motor vehicle accident, and you disagree with the insurance company about the severity of the injuries you sustained. In that case, you or the insurance company can request a Certified Medical Examination.
Who is Considered a Certified Examiner?
A Certified Examiner is a physician or dentist who is entered in the Certified Examiners Registrar. The Registrar is established under the Minor Injury Regulation of Alberta’s Insurance Act.
If the parties cannot agree on the Certified Examiner, either party can apply to the Superintendent to select a Certified Examiner from the Registrar, one which was not proposed by either of the parties.
At least 90 days must have passed since the accident, before either party can give notice and request a Certified Examiner. A Certified Examiner is not eligible to assess your injuries if that Certified Examiner has consulted with, diagnosed, or treated you in respect of any injury arising from the car accident.
What is the Role of the Certified Examiner?
The Certified Examiner provides an opinion on whether or not your injuries are considered minor under the Minor Injury Regulation. The Certified Examiner assesses whether your injury is a sprain, strain or Whiplash-Associated Disorder injury, and if so, whether the injury results in serious impairment.
If you do not attend the assessment, refuse to answer relevant questions about your medical history, or fail to authorize the release of relevant diagnostic or treatment information, your injury will automatically be considered minor.
Following the assessment, the Certified Examiner will prepare an opinion and provide a copy to each party. If the Certified Examiner is unable to provide an opinion without further assessing your injuries, the Certified Examiner may require you to attend another assessment and both parties will be notified.
How Will It Impact My Case?
If your injuries are assessed as minor injuries by the Certified Examiner, you will likely be offered the “cap” from the at-fault driver’s insurance company. The “cap” is the maximum compensation for injuries considered minor under the Minor Injury Regulation. In 2004, the cap was $4,000, which has increased due to inflation. In 2023, the cap is $5,817, which applies to motor vehicle accidents in Alberta that occurred on or after January 1, 2023.
Insurance companies request nearly all Certified Medical Examinations. Often injuries are deemed minor, however, you may still be in pain and not feel that you are getting better.
Speak with our Accident Injury Lawyers today to help you understand your options. Many soft tissue injuries are not “capped”, particularly injuries that result in serious impairment, affecting your employment, education, training or daily activities, and are not expected to substantially improve.
Initially, after a car accident, you may not know the severity of your injuries or whether you will completely recover. Don’t wait. Contact us today. We will help you understand the process so that you can focus on your recovery. We fight for you to ensure you get the compensation that you deserve.
James H. Brown and Associates is Here For You
If you have been injured in a motor vehicle accident, our team of injury lawyers is here to help. We have over 250 years of combined injury law experience and can help you understand your rights. We have won millions in settlements for injured Albertans. Injury law in Alberta can be complex, with soft tissue injury caps, certified medical examinations, and much more. Get the help you need and begin recovering and moving on with your life. Our injury lawyers are available 24 hours a day, 7 days a week. Consultations are always free, and it costs nothing to talk to us.
