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How to Respond to a Request for an Independent Medical Exam (IME)

How to Respond to a Request for an Independent Medical Exam (IME)

You’re in the middle of your car accident claim, and you receive a formal letter from the insurance company. They are requesting that you attend an “Independent Medical Exam” (IME) with a doctor of their choosing. The letter is often written in intimidating, official language, and your immediate reaction might be a mix of fear and anger. It feels like the insurance company is questioning your integrity and the opinion of your own trusted doctor.

This request is a serious and strategic move by the insurer. It is a clear sign that they are challenging the severity, cause, or duration of your injuries. How you respond to this request is a critical moment in your case.

An impulsive refusal can harm your claim, but agreeing without preparation can be just as damaging. The key is to respond calmly, strategically, and with a full understanding of your rights and obligations.

Useful Information for You: In a Nutshell

  • Don’t Panic and Don’t Ignore It: The request for an IME is a serious escalation. Acknowledge the request, but do not immediately agree or refuse.
  • Understand Your Obligation: If the request is from your own insurer for a PIP/UIM claim, you are likely contractually obligated to attend. If it’s from the at-fault driver’s insurer, your obligation depends on whether a lawsuit has been filed.
  • This is the Time to Call a Lawyer: The moment you receive an IME request is the single clearest sign that you need a legal professional. An attorney can verify the request is valid, investigate the IME doctor, and prepare you for the exam.
  • The Exam is Not “Independent”: The IME doctor is chosen and paid for by the insurance company. It is an adversarial exam, not a second opinion for your benefit.

Step 1: Take a Breath and Understand the Request

First, read the letter carefully. Who is requesting the exam—your own insurance company or the at-fault driver’s? This is the most important initial question. Your duty to cooperate with your own insurer is different from your duty to the other party. The letter will also specify the doctor’s name, specialty, and the date and time of the proposed exam.

Step 2: Contact Your Attorney Immediately

This is not a step you should handle on your own. The IME is a legal tool, and you need a legal expert to counter it. This is the single most important action you can take.

Your lawyer will immediately:

  • Verify the Legitimacy of the Request: They will confirm whether you are actually obligated to attend the exam based on the current stage of your claim.
  • Investigate the IME Doctor: Experienced attorneys maintain records on the doctors that insurance companies frequently use for IMEs. They know which doctors are notoriously biased and may be able to file an objection to a particularly unfair choice of examiner.
  • Handle All Scheduling: Your lawyer will take over scheduling the exam to ensure it is at a reasonable time and location.
  • Prepare You for the Exam: This is the most crucial step. Your attorney will spend time with you before the exam, explaining the types of questions the doctor will ask and the tactics they might use.

Step 3: Prepare for the Examination Itself

Your lawyer will give you detailed instructions, but the golden rules of attending an IME are:

  • Be Scrupulously Honest: Do not exaggerate your symptoms in any way. The IME doctor is an expert at identifying embellishment, and doing so will destroy your credibility.
  • Do Not Downplay Your Pain: At the same time, be thorough and specific about your pain and limitations. If a movement hurts, say so. Clearly explain how the injuries impact your daily life. Your account should be consistent with what you have told your own doctors.
  • Be Polite and Concise: Answer only the specific questions asked. Do not volunteer extra information about the accident, your life, or your hobbies.

What Happens After the IME?

The IME doctor will produce a detailed report and send it to the insurance company. This report will contain their opinion on your injuries, treatment, and prognosis. It will almost certainly be less favorable than the opinions of your own treating physicians. Your attorney will then obtain a copy of this report, review it for inaccuracies, and, if necessary, have your own doctor write a rebuttal to counter any incorrect conclusions.

Receiving a request for an IME can be daunting, but it is a standard part of a contested injury claim. If you have been asked to attend an IME for your car accident in the Tacoma area, you should not go through it alone. Search the Car Accident Lawyer Directory Tacoma to find and compare trusted local attorneys who know how to protect their clients during this adversarial process.

 

References

  • Washington State Office of the Insurance Commissioner (OIC) – Independent medical exams (IMEs):

    The official consumer guide from the OIC, explaining what an IME is in the context of a PIP claim and a policyholder’s rights and responsibilities.

    https://www.insurance.wa.gov/independent-medical-exams-imes

  • Washington State Court Rules – CR 35 – Physical and Mental Examination of Persons:

    The official court rule that governs how a party in a lawsuit can request a physical or mental examination (an IME) of the other party.

    https://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=sup&set=CR&ruleid=supcr35

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We hope that through this article, you have a better understanding of your situation after a car accident and feel that you are not alone. The most important part of your recovery is protecting your rights with the right information.

If you need to connect with an expert who will listen to your story and fight on your side, find the best car accident lawyers in Tacoma through a free consultation at the Car Accident Lawyer Directory Tacoma.

 

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