40-3115. Mental or physical examination of injured person; written report of examination; availability of report to injured person; evidentiary effect.
40-3115
40-3115. Mental or physical examination of injured person; writtenreport of examination; availability of report to injured person;evidentiary effect.(a) Whenever the mental or physical condition of an injured personcovered by personal injury protection benefits is material to any claimthat has been or may be made for past or future personal injury protectionbenefits, such person, upon request of an insurer or self-insurer, shallsubmit to a mental or physical examination by a physician or physicians.The cost of any such examination requested by an insurer shall be borneentirely by the insurer or self-insurer. Any such examination shall beconducted within the city or county of residence of the insured, but ifthere is no qualified physician to conduct the examination within such cityor county, then such examination shall be conducted in an area of theclosest proximity to the insured's residence. Insurers are authorized toinclude reasonable provisions in motor vehicle liability insurance policiesfor mental and physical examination of those claiming personal injuryprotection benefits.
(b) If requested by the person examined, the insurer or self-insurercausing the examination to be made shall deliver to such person a copy ofevery written report concerning the examination rendered by the examiningphysician, at least one (1) of which shall set out his findings andconclusions in detail. After such request and delivery, the insurer orself-insurer causing the examination to be made shall be entitled uponrequest to receive from the person examined every written report availableto him, or his representative, concerning any examination, previously orthereafter made, of the same mental or physical condition. By requestingand obtaining a report of the examination so ordered, or by taking thedeposition of the examiner, the person examined shall be deemed to havewaived any privilege he may have, with respect to the claim for personalinjury protection benefits, regarding the testimony of every other personwho has examined or may thereafter examine him in respect of the samemental or physical condition.
History: L. 1974, ch. 193, § 15; Feb. 22.