INDEPENDENT MEDICAL EXAM: I was injured in a California motor vehicle accident that was not my fault, and now my own insurance company was me to submit to an Independent Medical Exam (IME) by a doctor it chooses. Do I have to go to this IME?

 

A:

Here are a few suggestions if your own insurance company is requesting an IME of you:

1.  First, before submitting to an independent medical exam, read your auto policy! The insurance company's right to request an exam is contained within the insurance contract you have with them. Review it to make sure the company is not violating any of the policy provisions.

2.  Second, you really should consider either consulting or hiring an experienced attorney. Attorneys can often insist that the exam be delayed and insist that an impartial observer be present during the exam.

3.  Third, make sure you give the examiner an accurate description of your prior health problems, current complaints, and the facts of the accident that produced your injuries. Any discrepancies will be used against you (you can count on that).

4.  Fourth, be mindful that the examiner will be looking for all signs that you are not injured -- how you walk into the examination room, how you sit, how long you sit, facial expressions, etc. 

5.  Fifth, consider bringing a nurse with you as a nurse trained in IME's can monitor the session, and make sure it is going according to the IME guidelines.   If you have an attorney, the attorney will sometimes pay for this cost to make sure it is done properly and he or she can call the nurse as a witness later if the case moves to trial, mediation or arbitration.

More Legal Qestions About Car & Motorcycle Accidents?

Do you have more legal questions about car & motorcycle accident cases?  Return to the Auto & Motorcycle accidents in California Frequently Asked Legal Questions page. 

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