Independent Medical Examination (IME): What to Expect and How to Prepare

If you have filed a personal injury or workers compensation claim, the insurance company may require you to attend an Independent Medical Examination, commonly known as an IME. Despite the name, these examinations are anything but independent. They are requested and paid for by the insurance company, and the doctors who perform them often have a financial incentive to minimize your injuries.

Understanding what an IME is, how to prepare for one, and what to expect can help you protect your claim and avoid common pitfalls that could reduce your settlement.

What Is an Independent Medical Examination?

An Independent Medical Examination is a medical evaluation performed by a doctor chosen and paid for by the insurance company. The purpose of the IME is to provide the insurance company with a medical opinion about the nature and extent of your injuries, whether your treatment has been reasonable and necessary, whether you have reached maximum medical improvement, and the degree of any permanent impairment.

The insurance company uses the IME report to evaluate your claim and determine how much they are willing to pay. If the IME doctor's findings differ from your treating physician's opinions, the insurance company will use the IME report to justify a lower settlement offer or to deny certain aspects of your claim.

Why Insurance Companies Request IMEs

Insurance companies request IMEs for several strategic reasons. They want a second medical opinion that may be more favorable to their position. They want to challenge the opinions of your treating physician. They want to establish that you have reached MMI so they can stop paying for treatment. They want to minimize your permanent impairment rating. They want to argue that some of your treatment was unnecessary or unrelated to the accident.

It is important to understand that the IME doctor is not your doctor and does not have your best interests in mind. Their primary relationship is with the insurance company that hired them, and many IME doctors develop reputations for producing reports that favor insurance companies.

Do You Have to Attend an IME?

Whether you are required to attend an IME depends on the type of claim you have filed. In workers compensation cases, you are generally required to attend an IME if the insurance company requests one. Refusing to attend can result in suspension of your benefits.

In personal injury cases, the rules vary by state. If a lawsuit has been filed, the defendant can request an IME through the court, and you are generally required to comply. If no lawsuit has been filed and you are negotiating directly with the insurance company, you may not be legally required to attend. However, refusing an IME during pre-litigation negotiations may cause the insurance company to deny your claim or significantly reduce their settlement offer.

Consult with your attorney before agreeing to or refusing an IME. Your attorney can advise you on your rights and obligations based on the specific circumstances of your case.

How to Prepare for an IME

Proper preparation is essential to protecting your claim during an IME. Follow these steps to ensure you are ready.

Review Your Medical Records

Before the IME, review your medical records so you are familiar with your diagnosis, treatment history, and current symptoms. Make sure you can accurately describe your injuries, the treatment you have received, and how your symptoms have changed over time.

Know Your Symptoms

Be prepared to describe your current symptoms in detail. Think about what activities cause pain or difficulty, how your symptoms affect your daily life, what medications you take and whether they help, and how your symptoms have changed since the accident.

Be Honest and Consistent

The most important thing you can do during an IME is be completely honest. Do not exaggerate your symptoms, but do not minimize them either. Describe your condition accurately and consistently with what you have told your treating physicians.

IME doctors are trained to detect inconsistencies. If your description of your symptoms during the IME differs significantly from what is documented in your medical records, the doctor will note this in their report and the insurance company will use it against you.

Bring a Witness

In most cases, you are allowed to bring someone with you to the IME. Having a witness present can help ensure that the examination is conducted fairly and that you have someone who can corroborate what happened during the appointment. Your witness should take notes about how long the examination lasted, what tests the doctor performed, what questions the doctor asked, and any statements the doctor made.

Dress Appropriately

Dress normally for the IME. Do not dress up or dress down to try to influence the doctor's perception. The IME doctor will note your appearance and demeanor in their report, so simply be yourself.

Arrive on Time

Arrive at the IME appointment on time. Being late can be noted in the report and may be used to suggest that you are not taking your claim seriously.

What to Expect During the IME

A typical IME lasts 15 to 45 minutes, which is significantly shorter than a regular medical appointment. The doctor will review your medical history, ask about your current symptoms, and perform a physical examination.

During the examination, the doctor may ask you to perform certain movements or tests to assess your range of motion, strength, and neurological function. Pay attention to what the doctor asks you to do and what tests they perform, as this information may be important later if you need to challenge the IME report.

The IME doctor will not provide treatment or medical advice. They are there solely to evaluate your condition and provide a report to the insurance company. Do not ask the IME doctor for treatment recommendations or a second opinion on your care.

What to Do During the IME

Answer all questions honestly and completely. Do not volunteer information that was not asked for. If you do not understand a question, ask for clarification. If you do not know the answer to a question, say so rather than guessing.

Describe your symptoms on a typical day, not your best day or your worst day. Insurance companies look for claimants who describe their worst symptoms during the IME but are observed doing activities inconsistent with those symptoms outside the examination.

If any test or movement causes pain, say so clearly. Do not try to push through pain to appear cooperative. The doctor needs to know your actual limitations.

What to Do After the IME

After the IME, write down everything you remember about the examination as soon as possible. Note how long the examination lasted, what questions the doctor asked, what physical tests were performed, any statements the doctor made about your condition, and anything that seemed unusual or concerning.

Request a copy of the IME report. You are entitled to receive a copy, and reviewing it allows you to identify any inaccuracies or misrepresentations. If the report contains errors, your attorney can challenge them with evidence from your treating physicians.

Common IME Tactics to Watch For

IME doctors may use several tactics that can undermine your claim. Be aware of these common strategies.

The rushed examination is when the doctor spends very little time examining you, sometimes as little as 10 to 15 minutes. A brief examination makes it easier for the doctor to overlook or minimize your symptoms.

Surveillance coordination is when the insurance company may have you under surveillance before or after the IME. They may photograph or video you walking to and from the appointment, getting in and out of your car, or performing other activities. Be aware that you may be watched and behave consistently with your reported symptoms.

Leading questions are designed to get you to minimize your symptoms or admit that you are feeling better than you actually are. For example, the doctor might ask whether you are able to do your own grocery shopping, implying that if you can shop, your injuries are not serious.

Selective reporting is when the IME doctor emphasizes findings that support the insurance company's position while downplaying or omitting findings that support your claim. This is why it is important to review the IME report carefully and compare it to your treating physician's records.

Challenging an Unfavorable IME Report

If the IME report is unfavorable to your claim, there are several ways to challenge it. Your treating physician can write a rebuttal report addressing the IME doctor's findings and explaining why they disagree. You can obtain a second IME from a doctor of your choosing. Your attorney can depose the IME doctor and challenge their findings under oath. You can present evidence of the IME doctor's history of producing reports favorable to insurance companies.

An experienced personal injury attorney knows how to effectively challenge unfavorable IME reports and can help ensure that the insurance company does not use a biased examination to undervalue your claim.

Conclusion

Independent Medical Examinations are a standard part of the personal injury and workers compensation claims process. While they are called independent, they are requested and paid for by the insurance company and often produce results that favor the insurer.

The key to protecting your claim during an IME is preparation, honesty, and awareness. Prepare by reviewing your medical records and knowing your symptoms. Be honest and consistent in describing your condition. Be aware of common tactics that IME doctors use to minimize injuries.

If you receive an unfavorable IME report, do not panic. Your attorney can challenge the findings and present evidence from your treating physicians to support the true extent of your injuries.

Use our free settlement calculator to estimate what your claim might be worth based on your injuries and medical expenses.