What is an Independent Medical Exam (IME)?

According to FindLaw.com, an independent medical exam, or IME, is an exam conducted by a doctor other than the claimant’s physician. You may also see this referred to as a Defense Medical Exam (DME). 

The claimant may be treated by their own doctor, but the doctor performing the IME may be called on to provide a second opinion. In the case of an IME following a car accident, the insurance company will choose the medical professional. The physician will assess your injuries, their severity, and how they were caused or exacerbated by the accident.

The Purpose of an IME

The purported purpose of an IME is to obtain an impartial assessment of the claimant's injuries and to evaluate the necessity and reasonableness of ongoing medical treatments. The insurance company may have concerns that your own doctor will be biased in favor of you, so before paying for your injuries, they want to take the extra step of obtaining an IME. However, you must keep in mind that the insurance company will be paying the IME doctor, and has very likely used this doctor to perform IME’s on many prior occasions. So, there is a real likelihood that the IME doctor may actually be biased in favor of the insurance company. 

Essentially, insurance companies may request an IME to obtain a second opinion or to verify the legitimacy and severity of the injuries claimed by the injured party. But, again, just as insurance companies may have concerns about possible bias on the part of your doctor, you may (and likely should) have concerns about possible bias on the part of a doctor chosen by an insurance company.

Insurance Company Rights and Policy Language

The first question you’re likely to have is whether the insurance company can actually require you to have an IME. Most of the time, the answer is yes. There is usually language included in auto insurance policies that grant auto insurance companies the right to protect their own interests by requiring an independent exam. From the insurance company's standpoint, an IME provides an impartial evaluation to verify the extent of injuries claimed and ensures that the compensation sought is reasonable and fair. However, you should verify the language of your specific policy with your personal injury attorney to see what is required when it comes to IMEs.

When it comes to fault in an accident, it's important to note that IMEs are typically not directly related to the determination of fault. Regardless of fault, insurance companies may still request an IME. If the accident was caused by another party and you are filing a claim with their insurance company, they may also, in some instances, typically when a case is in litigation, be entitled to require an IME. This is because they have the right to evaluate the validity and extent of the claimed injuries.

Your Rights and Responsibilities Regarding an IME

Typically, insurance policies require claimants to cooperate with the insurance company's investigation, which includes attending the scheduled IME. Failing to comply with this requirement may jeopardize your claim. Refusal to cooperate could also result in the loss of your insurance coverage with that company. Carefully review your insurance policy to understand the specific language and provisions related to IMEs. Pay attention to any time limits, notification requirements, or conditions that may affect your rights.

However, it's crucial to remember that an IME is supposed to be an unbiased assessment of your injuries. However, an insurance company could seek out medical professionals who may be inclined to downplay the severity of injuries or dispute their causation. Having legal representation can help ensure that the examination is fair and unbiased.

If an IME is required, it is crucial to be as prepared as possible. You should have documentation of your medical history, symptoms, and any treatment you have received. Bring all relevant medical records, reports, and diagnostic tests to the examination to ensure an accurate assessment of your condition. 

If the IME results negatively impact your claim, and you believe you're being treated unfairly, you may consider pursuing legal recourse. A personal injury attorney can evaluate your case, advise you on the best course of action, and represent your interests in negotiations or a potential lawsuit.

Conclusion

While it may seem unfair that your car insurance company has scheduled you for an Independent Medical Exam, even if the accident wasn't your fault, it's important to understand the purpose and rights associated with such examinations. Remember to cooperate with the process, seek legal guidance if needed, and know that an IME does not dictate the final outcome of your claim. Consult with a personal injury attorney who can navigate the complexities of your case, protect your rights, and help you pursue the fair compensation you deserve.

Source

• https://www.findlaw.com/injury/accident-injury-law/independent-medical-examination.html

"The information provided herein is simply a brief overview of the Florida law on this particular matter. It should not be relied upon for legal purposes, as the facts and circumstances to any specific legal matter may vary substantially from the limited explanation and application of often complicated legal rules and principles that may be addressed herein, or applicable in your particular legal matter. You should only rely upon legal advice provided to you by a licensed attorney who has had an opportunity to fully evaluate your particular legal matter".