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You are here: Home: >> Do I Have to Attend an Independent Medical Evaluation:
Why Would I Need an Independent Medical Examination?
Serious accidents typically require high monetary payments, either from the person at fault or from an insurance company. Because the insurer wants to ensure your injuries are genuine before expending large sums of money in a settlement or paying an attorney to fight your claim, they will likely require an examination by a doctor of their selection to verify the extent of your injuries. This is commonly referred to as an Independent Medical Examination or "IME."
What to Expect at an IME
The insurance company for the "at-fault" driver operates on the assumption that the victim may be exaggerating the extent of his or her injuries in order to recover more compensation. Moreover, insurers often question whether the doctor selected by the accident victim is biased towards the victim when performing an assessment of the injuries. These reasons lead many insurance companies to request that the victim submit to examination by an independent physician. This is voluntary prior to a lawsuit, but may be required once litigation is initiated. The IME is intended to perform several functions. It is done to ensure that the victim did in fact sustain injuries, to confirm that the injuries are as serious as the victim claims them to be, to make sure the injuries were not caused in full or in part by a different accident or preexisting condition and/or to assess whether the victim is "malingering" (meaning they recovered long ago and are complaining about pain in order to collect additional compensation).
Can I Be Forced to Attend an IME?
Unfortunately, yes, in certain circumstances. Once a lawsuit has been initiated, California law allows for a judge to order an IME if the victim's physical or mental injuries are in controversy. However, if the suit itself is only brought for property damage, regardless of whether the victim also suffers physical injuries, an examination will not be ordered.
The insurer seeking to compel an IME is required to pay for it. All too frequently, the insurer seeks to choose the physician. This could very well lead to a situation where a doctor becomes consciously or subconsciously biased towards the insurer - after all, if their findings save the insurance company money, they are likely to get repeat business. In cases where the parties are at odds over which physician to use, they could select an Agreed Medical Examiner (AME), or they may ask the court to appoint a physician. You have the right to have your attorney attend the examination to bear witness to the nature and scope of it.
Don't Be Afraid of an Independent Medical Examination
If you or a loved one has been injured in an accident and seek to recover money for your injuries, you may be required to submit to an independent medical evaluation. This examination should not be feared, but you should be guided by an experienced personal injury lawyer to ensure that your rights are protected during the process. Contact the law offices of Samuel Spital and Associates to discuss your personal injury matter and learn more about how and the results of an IME could affect your case.