Why Insurance Companies Request IMEs
Insurers use IMEs to:
- Challenge the treating physician's diagnosis or prognosis
- Argue that injuries are less severe than claimed
- Suggest that injuries were pre-existing rather than caused by the accident
- Support a lower settlement offer by providing a medical opinion that supports the insurer's position
IME physicians are generally paid per examination, and critics note that those who consistently provide opinions favorable to insurers tend to receive more referrals — creating a potential incentive bias.
What Happens at an IME
- The physician reviews your medical records and the accident history
- A physical examination is conducted, typically shorter than a treating physician visit
- The physician prepares a written report for the insurer
Some states limit what the IME physician may do during the examination and require the report to be shared with the injured party. Your attorney can advise you on your rights in your jurisdiction.
Tips Attorneys Often Give Clients Before an IME
- Be honest and accurate — do not exaggerate or minimize symptoms
- Report all pain and limitations you are experiencing, even those that seem minor
- Do not discuss the IME with the physician beyond answering medical questions
- Bring a written record of your symptoms and limitations to ensure accuracy
- Inform your attorney immediately after the exam about what occurred
Frequently Asked Questions
Do I have to attend an IME?
In most personal injury litigation and many no-fault insurance contexts, attending an IME when properly requested is legally required. Refusing to attend can result in dismissal of your claim or other court sanctions. Your attorney can object to improper requests or conditions, but outright refusal is generally not advisable.
Can the IME physician treat me?
IME physicians are retained to evaluate, not treat. They typically do not establish an ongoing patient-physician relationship. Their role is to provide an opinion for the insurer, not to provide medical care.
What if the IME report contradicts my treating physician?
Conflicting medical opinions are common in personal injury litigation. Your attorney can work with your treating physicians to provide rebuttal opinions, and expert witnesses may be retained to counter the IME findings. Juries are ultimately responsible for weighing conflicting medical evidence.
InjuryClaimSource is an educational resource for accident victims. We are not a law firm and do not provide legal advice. Information on this site is for general informational purposes only. Laws vary by state. Always consult a qualified personal injury attorney in your area.