When you have been injured in a car accident, your medical records play an important role in how much you should be compensated. That being the case, it is very common for insurance companies to request an Independent Medical Examination (IME) as part of their investigations. They will compare the findings and decide whether your claim is approved, delayed, or reduced. In this post, as your car accident lawyer in NYC, we explain everything you need to know about IMEs—why they are needed, how they impact your case, and more.
What is an Independent Medical Examination (IME)?
An Independent Medical Examination (IME) is a medical evaluation of an injured person conducted by a third-party medical professional. This is usually done at the request of insurers or personal injury lawyers who wish to obtain an objective and impartial assessment of factors such as the types of injuries, the appropriateness of treatment, and how the accident has impacted the individual’s work capability.
How will you be notified about the IME?
If your insurance company requires an IME, they will communicate this requirement to you. The communications will include key details such as the:
- Date, time, and location of the examination
- The name of the physician conducting the IME, as well as their specialization.
- Specific instructions about what you need to bring or do to prepare for the IME
- How you may reschedule the IME and the consequences of failing to attend without a valid reason.
Once you receive this notification, confirm your attendance or request a reschedule. Before you attend the IME, make sure to review your medical records, organize the necessary documents, and dress appropriately for the IME. Once you are at the IME, be honest and consistent about the details of the accidents.
What should you not do during an IME?
- Do not downplay or exaggerate your symptoms—describe the injuries and your pain and suffering exactly how they are. Any exaggeration or downplaying of the injuries will only damage your credibility and negatively impact your claim.
- Do not discuss your case—Do not discuss your ongoing case, legal strategy, or opinions about the accident. Those details should only be between you and your accident lawyer in New York.
- Do not argue with the doctor—remain calm and cooperate with the doctor conducting the IME. Disputing the doctor’s view can negatively impact their report on you.
- Do not hide pre-existing conditions—honesty is the best policy. Be upfront about any past injuries or pre-existing conditions. Withholding information can seriously damage your credibility.
Can you challenge an unfavorable IME report?
If you have received an IME that can negatively impact your case, it is not the end of the story. Here are some of the things you can do to contest it:
- Request a second IME—If you are not sure about the impartiality of the first IME, you are well within your rights to request a second IME.
- Submit contradictory medical evidence—Gather all your medical records from the incident and present them to challenge the findings of the IME.
How important is an IME?
The findings of an IME can make or break your case. It can help confirm key details such as
- The genuineness of the injuries sustained and their connection to the accident
- The appropriateness and necessity of the treatment and medication received following the accident.
- The injured individual’s potential to return to work or position before the accident, and how long it will take to do so.
- The level of impairment—whether the disability is temporary or permanent
- The impact of any pre-existing conditions on the injuries suffered during the accident and any complications afterward.
Overall, the IME is an important piece in the jigsaw puzzle that is your insurance claim after a car accident. If the findings of the IME are consistent with the evidence you have presented, then your payout can proceed without much difficulty.
However, if there are inconsistencies, then it may require further negotiation or the need to consider alternative action. Whatever your choice, you will undoubtedly benefit from the skills, guidance, and expertise only an accident lawyer in New York can provide.
Conclusion
When going through the insurance claims process, it is not uncommon for insurance companies to ask car accident victims to participate in an Independent Medical Examination (IME). While they usually make this request to find something that can dispute your claim, it is still important that you participate and offer your full cooperation. Nevertheless, you will need strong legal representation throughout the process, and that is what Gabriel Law is here to provide.
As a personal injury law firm in NYC, we handle car accident cases on a daily basis, and we are intimately familiar with the car accident insurance process. We are always ready to help you protect your rights and make sure that you get the compensation you deserve. If you are ready to take an important step in the recovery process, contact us and schedule your free and confidential consultation. Overcome any obstacle and get the compensation you deserve with Gabriel Law.
