If you’re pursuing a personal injury claim, there’s a good chance the insurance company will ask you to attend an independent medical examination, commonly referred to as an IME. Despite the name, these examinations are often anything but independent. Understanding what an IME is, why it’s requested, and how to prepare for one can have a meaningful impact on the outcome of your case. Below, our friends at Mitchell & Danoff Law Firm, Inc explain how independent medical examinations factor into personal injury cases.
What Is an Independent Medical Examination?
An independent medical examination is a medical evaluation conducted by a doctor selected and paid for by the opposing party — typically the defendant’s insurance company. The stated purpose of the IME is to provide an objective assessment of your injuries, the treatment you’ve received, and your current medical condition.
In practice, the IME doctor’s role is to review your medical history, conduct a physical examination, and issue a report. That report will address questions such as the nature and extent of your injuries, whether those injuries are consistent with the accident in question, whether your medical treatment has been reasonable and necessary, and whether you have reached maximum medical improvement.
Insurance companies use IME reports as a tool to evaluate claims, challenge the opinions of your treating physicians, and build their case for reducing or denying your compensation.
Why Insurance Companies Request IMEs
Insurance companies request independent medical examinations for strategic reasons. While the examination is framed as a neutral evaluation, the practical reality is that the doctor conducting the exam has been hired by the party opposing your claim.
The most common reasons for requesting an IME include disputing the severity of your injuries, arguing that your injuries are related to a pre-existing condition rather than the accident, challenging the necessity of your ongoing medical treatment, and asserting that you have fully recovered and no longer need care.
IME doctors who regularly work with insurance companies understand what their clients are looking for. Studies and legal analyses have consistently found that IME physicians tend to produce reports that favor the party paying for the examination. This is why many personal injury lawyers and legal commentators refer to IMEs as “defense medical examinations” rather than independent ones.
Do You Have to Attend an IME?
Whether you’re required to attend an IME depends on the circumstances of your case and the jurisdiction where your claim is being handled.
If your case is in litigation, the defendant can typically request an IME through a formal court motion. In most jurisdictions, courts will grant these requests as long as the examination is reasonably related to the injuries at issue and is not unduly burdensome.
If your claim is still in the insurance negotiation phase, the insurance company may request an IME as a condition of processing your claim. While you’re generally not legally compelled to attend at this stage, refusing may give the insurer grounds to delay or deny your claim.
Your attorney can advise you on whether to agree to an IME, negotiate the conditions of the examination, and in some cases, object to unreasonable requests.
How to Prepare for an Independent Medical Examination
Preparation is critical. The IME is not a routine doctor’s visit — it’s an evaluation that will be used against you if the results are unfavorable. Here’s how to approach it.
Be honest and consistent. The IME doctor may compare what you tell them to your prior medical records and deposition testimony. Any inconsistencies can be used to undermine your credibility. Answer questions truthfully, but don’t volunteer information beyond what is asked.
Describe your symptoms accurately. Don’t exaggerate your pain or limitations, but don’t downplay them either. If you’re having a good day when the exam occurs, make sure to explain that your condition varies and describe what your bad days look like.
Keep the exam focused. The IME doctor may try to engage you in casual conversation before or during the exam. Be polite but aware that everything you say — from the waiting room to the parking lot — may end up in the report.
Know what to expect physically. The exam itself is usually relatively brief — often 15 to 30 minutes. The doctor may test your range of motion, reflexes, and pain responses. Pay attention to what the doctor does and does not examine, as an incomplete examination can be challenged later.
Document the visit. Note the date, time, how long the exam lasted, what the doctor examined, and what questions were asked. Some jurisdictions allow you to bring a witness or record the examination — check with your attorney beforehand.
What Happens After the IME
After the examination, the IME doctor will prepare a written report and submit it to the insurance company or defense attorney who requested it. Your attorney is entitled to receive a copy of this report.
If the IME report contradicts your treating physician’s findings — which it often does — your attorney can challenge it in several ways. Your treating doctor can provide a rebuttal opinion explaining why the IME conclusions are inaccurate. Your attorney can depose the IME doctor, questioning their methodology, the thoroughness of their examination, and their financial relationship with the insurance company. Professional witnesses can testify about the limitations and biases inherent in the IME process.
An unfavorable IME report does not mean your case is over. It simply means the insurance company has a piece of evidence they will try to use against you. A skilled personal injury attorney will know how to address and counter it.
The Bottom Line on IMEs
Independent medical examinations are a standard part of the personal injury claims process, but they are not the objective evaluations their name implies. They are a tool used by insurance companies to build a case for paying you less.
Understanding the IME process and preparing for it properly can prevent the examination from being used to unfairly diminish the value of your claim. If you’ve been asked to attend an IME, speak with your personal injury attorney before the appointment. With the right preparation and legal guidance, you can ensure the IME is just one piece of your case — not the defining one.
