Ontario MVA Insurer Exams? A legal scam?

I hear a lot about what the insurers rights are, and what a claimants responsibilities are and even though I know we (claimants) have some rights such as;

1. The right to send the insurance company doctor other medical records and reports you want the doctor to consider.
2. The insurance company must arrange for your transportation to the examination if you request it.
3. The insurance company must make reasonable efforts to schedule the examination for a day and time that is convenient for you.
4. There are time lines that govern when they can ask you to go to an insurer exam.
5. The insurer exam must be conducted at a place reasonably close to your home.
6. You have the right to get a copy of the report.

but what about the other rights that we should have to protect our interests and to insure honesty in the report?


Why do all insuring Physicians say we are not allowed to have anyone else in the room for the assessment? What do they have to hide? What's the need for secrecy for if we, the person being insured, wants a person there to support them? If a claimant has asked for a person to be there with them then obviously they feel comfortable enough to be honest in front of them. Do insurers examiners really have the right to refuse, or is this just an assumed right that we follow believing they know something about the rules that we don't?


What about their oath? Does that just disappear when they take on insurance examinations?


What if they lie, or write their report in a way that is misleading? At some points some of their comments even feel like a personal attack on a claimants character. How do you address that? Is there any way to prevent them from ever doing that again? Like filing a complaint with the Physicians and Surgeons board?
I've had several insurer exams in the last year, and the results, and even some of the comments made make me think what they're doing and saying, cannot be legal under their oath.


I know my Lawyer will address the comments made in the assessments and it's my Lawyers job to fight against the assessors claims, but I honestly feel that some of the things said in the report, or during the assessment could easily fall within the realms of a viable complaint to the Board of Physicians and Surgeons.


If we all know that an insurers exam will always go against the claimant, why is that allowed to happen? Obviously someone is lying somewhere if the standard procedures as we know them; Insurers Exams are always against the claimant, Lawyer exams are always for the claimant. Where is the honesty in that process? Where is the accountability? Why aren't the shady way things are done addressed?


It's a rough road for claimants, especially claimants that truly are ill and in constant pain; like me.


My stress level is always high and every exam, every test, every report just makes the difficult life I'm living just that much  more difficult.


No wonder so many people don't go the legal route and fight for what they know is their right.


It's a broken system.... what can be done to change that?

Act One: scene one - Insurance denial...

Who knew???? The insurance sent me to a bunch of specialists who conveniently said, "there are no signs of any injuries that can be attributed to the specified MVA"...........  Interesting!!!!


I knew the results would be in from the insurance assessments today, and for the first time ever something arrived exactly when the claims adjuster claimed it would. I was impressed for a short moment before the reality hit me of what these assessments actually meant, or could mean to my life. In one quick turn of words, these results could momentarily control the route my life would take in the immediate and near future. Approve; quick effect. Deny; slow stressful effect.  Unfortunately the path I'm now on is the more stressful, later of the two, but thankfully I'm no longer reeling from the shock. Now I'm back in battle mode with confidence fueled by anger, a feeling of unfairness, even perhaps a hint of descrimination and a determination to fight for what is right.


Even though there may be many times when I feel, as I felt today, that God has abandoned me, or chosen me to suffer, he hands me a gift I couldn't currently live without; strength and determination. Everyday for the past year I thank God for the gifts he has given me that enable me to face this fight with confidence. A passion and respect for the power of words, a belief in fairness and personal rights, a quick comprehension and the mental capacity to face whatever may come my way.


I've always believed that everything that happens in life happens for a reason and my current lot in life is a perfect example of that belief. I may currently be weakened by my physical disabilities, but my mental abilities seem to be increasing with each limited achievement. In this situation even little successes mean a lot. During this journey I have experienced a massive amount of small successes some of which include; new friends who understand my illness and the barriers it brings, friends and family who support me and assist me in my battle, finding and being accepted by a Lawyer who gives determination and skill new meaning, and a limited number of specialists who have given me their time, for free I might add, to help educate me on what is happening to my body, how it happened, the factors involved, and the possible outcomes of several different treatment, or non treatment, options. Every lesson learned is one more success to add to the list and I am grateful for every one.


Today I was denied what was right by a system that misleads it's consumers, but tomorrow I will take up the battle once more on the path to proving accountability.


There is no question to whether or not I will win and get what I need and deserve, it's just a matter of when.