Do I Have To Attend An Ime Requested By Insurance

Name

Email*

Phone*

Message*

Get My Free Case Review

Confidential Case Review • No Fee Unless We Win

The key here is understanding the legal framework surrounding IMEs. Insurers don’t get a free pass to demand anything they want. The request must be compliant with California Code of Civil Procedure section 2032.220. CCP § 2032.220 outlines the specific procedures they must follow, including providing you with reasonable notice, a detailed description of the examination, and payment for your time and mileage. Failure to adhere to these rules can be grounds to quash the exam altogether.

More importantly, the “Independent” in IME is often misleading. These doctors are hired by the insurance company, meaning their financial incentives align with minimizing your injuries and devaluing your claim. It’s their job to provide an opinion favorable to the carrier. This doesn’t mean their opinion is invalid, but you need to approach the examination with that bias in mind. It is why I always advise my clients to attend with an attorney present.

I’ve been practicing personal injury law in San Diego for over 13 years, and I was fortunate enough to have been trained by former insurance defense attorneys. This experience gave me intimate knowledge of how these examinations are structured and the tactics they employ to challenge claims. They’re looking for inconsistencies in your medical history, exaggerations in your symptoms, and any way to cast doubt on the legitimacy of your injuries. Knowing their playbook is half the battle.

What happens if I simply refuse to attend the IME?

Refusing to attend can have consequences. The insurance company can petition the court to compel your attendance through a motion. If the judge grants the motion – and they often will, as long as the request is legally compliant – you could face sanctions, including monetary fines or even dismissal of your case. However, simply refusing without filing a formal objection isn’t the best strategy.

Instead, you have the right to challenge the IME request if it’s improper. This includes issues with the doctor’s qualifications, the location of the examination, or the scope of the review. Filing a motion to quash the IME demonstrates to the court that you’re taking the process seriously and are protecting your rights. A skilled attorney can analyze the request and determine if there are legitimate grounds for objection.

What can I expect during the IME examination?

The IME will be similar to a typical doctor’s visit, but with a more focused agenda. The doctor will review your medical records, ask you detailed questions about your accident and injuries, and perform a physical examination. They will likely test your range of motion, reflexes, and strength. Be prepared to describe your pain levels and how your injuries have impacted your daily life.

Remember, the doctor is hired by the insurance company. They’re not your treating physician and have no obligation to your well-being. Answer truthfully, but be concise and avoid volunteering information that isn’t specifically asked for. Do not exaggerate your symptoms, but don’t minimize them either. Simply state the facts as you experience them. And again, having an attorney present allows us to object to inappropriate questioning and protect your testimony.

Is there anything I can do to prepare for an IME?

Absolutely. Thorough preparation is crucial. First, review your medical records thoroughly to refresh your memory of your treatment history. Second, practice answering common questions about your accident and injuries. Finally, be aware of the doctor’s potential biases and tactics. Anticipating their questions allows you to provide clear and consistent answers.

Ultimately, dealing with an IME can be stressful, but you don’t have to navigate it alone. It’s essential to have an experienced attorney on your side who understands the intricacies of the process and can protect your rights. If you’ve received a notice for an IME in San Diego, contact my office for a free consultation. We can discuss your specific case and develop a strategy to ensure the best possible outcome.

What if the insurance company tries to record my statement during the IME?

Insurance companies frequently attempt to record statements during IMEs, often under the guise of documenting the examination. While California law doesn’t explicitly prohibit this, it’s a tactic you should be wary of. The purpose of the recording is almost always to create a record they can later use against you. Any statement you make can be used in court to challenge your credibility or undermine your claim.

Before agreeing to any recording, you have the right to consult with an attorney. I strongly advise my clients to refuse the recording altogether. If you do consent, ensure you understand the scope of the recording and have a copy of the transcript. Having an attorney present during the examination allows us to control the narrative and prevent you from inadvertently making statements that could harm your case.

How important is my medical history when attending an IME?

Your medical history is incredibly important, as the insurance doctor will scrutinize it for any pre-existing conditions or prior injuries that could be used to diminish the severity of your current injuries. They’ll look for inconsistencies between your current complaints and past medical records. That’s why a thorough review of your medical history before the IME is so vital.

Be prepared to explain any pre-existing conditions in detail and how they differ from your current injuries. If you’ve had prior accidents, be honest about them but emphasize how this current injury is different and more severe. An attorney can help you anticipate these questions and prepare appropriate responses. Don’t attempt to hide past medical issues, as this will only damage your credibility and can be easily discovered during discovery.

Can I bring my own doctor to the IME?

Unfortunately, you are generally not permitted to bring your own doctor to the IME examination. The purpose of the IME is for the insurance company to obtain an independent assessment of your injuries from their chosen physician. However, your attorney can attend the examination to observe the proceedings, object to inappropriate questioning, and protect your rights.

After the IME, your attorney can request a copy of the doctor’s report and challenge its findings if necessary. They can also consult with your treating physician to obtain their opinion on the IME report and address any discrepancies. It’s crucial to have an experienced attorney who can navigate this complex process and advocate for your best interests.