CALL 916-777-7777
Youtube Facebook-f X-twitter Linkedin-in

Preparing for an Independent Medical Exam

Posted on behalf of Arnold Law Firm in

gavel and stethoscopeIf you are injured as the result of someone else’s negligence, you may have reason to file a claim with the at-fault party’s insurance company. After a claim is filed, the insurer may request that you attend an independent medical exam (IME) to determine the severity of your injuries and the value of your claim.

Before you go to the exam, consult with a Sacramento personal injury attorney so you know what to expect. Insurance companies often hire doctors who tend to reach conclusions that favor the insurance company. Your attorney can help you prepare for your appointment to protect your best interests.

What is an Independent Medical Exam?

As the name suggests, an IME is a physical examination conducted by a third-party licensed medical professional contracted by the insurance company. These exams are usually requested when there is a dispute over the severity of an injury and the value of a claim.

The doctors who conduct IMEs are not like family physicians or other doctors because they are not responsible for the long-term care of the patient they are examining, and doctor-patient confidentiality does not apply.

Is an IME Really Independent?

Even though an IME is called an “independent” medical exam, it is hard to argue the exam is objective. The doctor was hired by the insurance company, and their goal is to pay out the least possible amount of compensation. Doctors who are hired to conduct IMEs are known to write reports that favor the insurance company’s best interests, which tends to make them a preferred contractor for future exams.

One common way an IME report may favor the insurer is claiming that injuries were not caused by the accident but a pre-existing condition that should not be covered by insurance.

Why Should I Agree to the Exam?

Some insurance policies require injured victims to submit to an IME if they are seeking compensation. In fact, an IME can be ordered and if the person refuses the exam, the claim may be denied.

Although the exams are often not neutral and the doctor’s report may strongly favor the insurance company’s arguments, it is still in your best interest to agree to the exam after speaking to an attorney who can guide you through the process. Agreeing to undergo an IME may strengthen your claim because it shows you are not exaggerating your injuries or hiding anything.

What Should I Say to the Doctor?

Honesty is always the best policy. This is especially true in legal matters, so be sure to tell the truth about your injuries when asked by the IME doctor. However, be careful of what you do say. You should only answer the questions asked and be mindful of expanding on your answer to avoid saying something that could be used against you later.

Call to Set Up a Free Case Review with a Knowledgeable Attorney

Our attorneys are prepared to go over your claim and help you get ready for the questions an IME doctor may ask. There is no cost to you while we work on your case and you owe us nothing unless we recover compensation on your behalf.

Call today to schedule a free consultation: (916) 777-7777

Settlement - $3,767,000

Truck Accident

A 20-year-old man who had been married for just 12 days left home on his way to work. He was driving on Pleasant Grove Road in Sutter County in the early morning when he came upon a slow-moving truck. As he pulled out to pass the truck, the truck driver turned left in front of him. The young man attempted to steer back into his lane but his vehicle struck an un-flagged piece of metal extending from the back of the truck. He died in the resulting crash.

Expert witnesses brought in by the Arnold Law Firm proved that the truck, owned and operated by a hauling firm, should never have been on the highway that morning. Specifically, the rear and side turn signals did not work and the rear-view mirror was in a poor state of adjustment at the time of the collision. As a result, the driver, who had failed to properly inspect the vehicle before setting out that morning, couldn’t see the young man’s vehicle as it attempted to pass.

The poor condition of the truck, its lack of maintenance and the manner in which it was operated were found to be substantial factors in causing the collision that killed the young man. The testimony also established that the man had been making a lawful pass at the lawful speed limit and acted reasonably when he attempted to avoid the collision.

The man’s 20-year-old widow was awarded $3,767,000.77, his parents were awarded $185,131 and the family was reimbursed $11,899 in funeral expenses. Though money is a poor substitute for a young man’s life, this verdict demonstrates that drivers who endanger the lives of others will be held accountable for their actions.