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(253) 272-5226If you have filed a personal injury you may be asked to undergo an Insurance Medical Examination (IME) also known as Defense Medical Exams (DME). Insurance companies may refer to this as an “Independent Medical Exam,” but it’s far from “independent.” While these exams are standard in many personal injury cases, it can feel unsettling if you’ve never had one before.
In this post, we’ll cover why IMEs exist, what you should know, and how to prepare. We’ll also explain specific ways a personal injury lawyer can help with this process.
An IME provides an opportunity for the defendant or insurance company to have one of their doctors look at your injuries. The goal is to see whether your injuries match up to your claim. In fact, this is the sole purpose of the appointment. The doctor is only there to evaluate, not treat. Unlike a visit with your regular doctor, you won’t walk away with follow-up care, prescriptions, or next steps. This is a single, standalone appointment for legal purposes only. At the end of the assessment, the doctor files an IME report which can be used evidence.
Here’s what you need to know: the IME doctor is not on your side. IME doctors are paid by insurance companies, which means they may be motivated to minimize your injuries.
While this may be uncomfortable to hear, it’s important context. Knowing how the IME doctor may approach your assessment can help you prepare ahead of time.
An IME is a singular appointment, which means you’ll be entering a limited patient-physician relationship. Here’s what you should expect:
While the appointment may feel straightforward, it’s important to understand your rights and how to prepare.
With the right preparation, you can walk into your IME feeling more confident and in control.
Even if an IME has been mandated, you still have rights during this process. In Washington State, these may include:
We can’t stress enough the importance of that last point. A lawyer will have walked many clients through IMEs before and will be your best resource throughout this process.
After the assessment, the IME doctor compiles their findings into a report. If the report concludes that your injuries are less serious than you claim, that is not necessarily the end of the road. You, your doctors, and your attorneys can refute IME reports that conflict sharply with the records of your treating physicians, especially doctors who have followed your care over time. This is one reason we strongly recommend seeking medical treatment and consistent follow-up care as soon as possible after an accident. Gaps in treatment can make it harder to counter an unfavorable IME report.
When you’ve made a personal injury claim, particularly a significant one, the insurance company may work hard to minimize or discredit it. An IME is one tool they may use. Surveillance and social media monitoring are two others.
Insurance companies have been known to hire private investigators to observe claimants, sometimes in the days leading up to an IME, and even while entering or leaving the appointment. Be mindful of this. Don’t push through pain to rush across a parking lot, for example. Your behavior outside the exam room should be consistent with what you report inside it.
The same principle applies online. Social media posts are increasingly used as evidence against claimants, and not just posts about the accident itself. A photo of you smiling at a family dinner can be framed as evidence that you’re not in as much pain as you’ve claimed. When your claim is active, it’s wise to limit what you share publicly and adjust your privacy settings. For a deeper look at this topic, see our post on social media and personal injury claims.
A personal injury lawyer’s involvement goes beyond filing claims and representing you in court. They help you navigate every step of the process, including your IME.
Specifically, a personal injury lawyer can:
Getting a lawyer involved early gives you the best chance of walking in prepared and protected.
If you’ve been notified that you need to undergo an insurance medical exam, don’t wait to reach out. At Ladenburg Law, it’s always free and confidential to reach out to one of our lawyers. To see if we can help, please call us at 253.272.5226, or fill out the short form on our website and someone from our team will be in touch.