OVER 400 Legal Answers to Frequently Asked Questions to a Variety of California Injury Issues and Legal Problems Associated with California Accidents
What is my case worth? What should I do after a bicycle accident? My car's brakes didn't function properly, do I have a case? Should I sign the insurance company's proposal? Some of your questions may have been answered already on Mark Blane's website. However, San Diego county accidents happen all the time, and all sorts of different questions about different injury scenarios can be raised by a person who is injured. As a result, this personal injury website is dedicated to answering your frequently asked questions about a variety of injuries, your legal rights, and what procedures you should follow. Just browse our frequently asked questions (FAQ) section (below) and look them up. If you have other or more specific questions, just send an email (Contact Us) and you will receive a reply without delay!
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ATTENDING THE IME: Do I have to attend the Independent Medical Exam (IME), and can my San Diego personal injury lawyer attend with me when it is called by the defense attorney?
Yes, and yes!
You have to attend the Independent Medical Exam (IME) under California law one time when it is called by the defense attorney in your case (after your case is filed in California Superior Court). Believe, it is not "independent" in any sense of the word, but you are required to attend.
Second part of the answer is "yes," your San Diego injury lawyer can attend your IME. There are some definite advantages for the lawyer to attend too. You can read about those in the above text link.
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?In most cases, yes. Your insurance company, has the contractual right to have you examined and to have your treatment reviewed by another medical professional. In California, this right can be triggered through your Medical Pay coverage, or if you have a claim for Uninsured Motorist. Insurance companies call these one-time examinations "Independent Medical Exams" or "IME's." This is misleading however-- they should really be titled "Insurance Medical Exams" because insurance companies use these one-time exams (or in some cases, a one-time medical records review) as a way to terminate potential insurance benefits regardless of whether you are still benefiting from additional treatment. Insurance companies use "IME's" to save them money by doing so, and their medical examiners are often "hired medical defense guns" willing to offer the right medical opinion to justify this biased goal. I speak in detail on IME's in one of my videos entitled (IME) located in the video center.
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.