- August 19, 2023
After a car accident where you suffered injuries, you are entitled to receive a fair and full settlement from the insurance company. However, the insurance company may not want to pay the total amount you’re owed and may attempt to lower your compensation by disputing your wounds. To this end, the insurance adjuster may request that you complete an independent medical exam (IME) by a physician other than your own.This second opinion may appear helpful, but it's important to note that the insurance companies pay IME doctors. Adjusters look for IME physicians who can find additional explanations for your injuries, resulting in a lower payout or an outright rejection of your claim.
In this blog we have compiled a list of common tricks that IME doctors employ to explain away your injuries. Knowing these tricks before the IME is crucial to protect your interests. Also, you can contact Goodman Acker P.C. at 248-286-8100 for a free consultation to learn about your rights regarding independent medical exams.
Why Should You Contact Goodman Acker P.C.?
The knowledgeable team at Goodman Acker P.C. has over 150 years of combined experience in personal injury cases. We have a 99% success rate in winning cases using the knowledge, resources, skills, and experience we’ve accumulated over the years.
We fight for our clients’ rights and to get them the best possible outcome.
Our team is familiar with the specifics of each case and uses our experience and knowledge to obtain a favorable outcome. We have handled thousands of personal injury lawsuits across Michigan. Whether you were hurt in a motorcycle, automobile, truck, or bus accident, we will handle your case while you focus on healing instead of worrying about the insurance adjuster.
We are with you from the start and will handle any required documentation and filing. We will investigate the accident, including re-creation of the crash scene and speaking to any witnesses. Our team is here to relieve the stress and worry about the insurance process and let you get back to your life sooner.
Call us at 248-286-8100 to schedule a free case review.
What Is an Independent Medical Exam (IME)?
After an auto accident, any injuries you sustain will be treated either by an emergency room doctor or your regular care doctor. This physician will discuss the extent of your injuries, devise a treatment plan, and provide you with a prognosis. The insurance company may dispute the treating physician’s findings regarding your injuries, resulting in an independent medical evaluation request.
An IME is a medical examination conducted by a health care professional with no prior treating relationship or connection with the person they are examining.
The second examination is conducted by a doctor hired and paid by the insurance company to get a second opinion on the extent of your injuries. If an independent medical exam is requested, you must complete one.
The examination will fulfill three purposes:
- It validates whether an injured person is disabled, their level of disability, and the extent of the limitations caused by an impairment resulting from the injury.
- It provides treatment recommendations to help the injured person recover faster.
- It determines whether there will be future health risks as a result of the injury.
Remember that although IMEs are to provide an unbiased and objective report of your injuries, it doesn’t always turn out this way. This is especially true if the examiner favors the insurance company that pays them, not you.
What Tricks Do IME Doctors Use?
Your appointment for a second opinion on the extent of your injuries is neither for your benefit nor performed by an independent party. You need to keep this in mind during your IME to protect yourself and your claim. Unfortunately, some IME doctors engage in activities that strongly favor the insurance company, such as outright lying about what you said during the IME.
Some of the unpalatable practices of IMEs include:
- Asking Irrelevant Questions: The IME may focus on less relevant facts than the injury you suffered. For example, instead of examining your head injury resulting from the auto accident and asking about its impact, the examiner will ask about your mental health.
- Speculating About Causes: If you experience shoulder pain from a motorcycle accident, an IME doctor may suggest that it stems from playing golf once a week. They could also claim that playing golf aggravated the injury and worsened it.
- Inappropriate Tests: The IME may tie you up with tests and other diagnostic measures unrelated to your injury to try to offer another explanation for your condition. When conducting these tests, be calm and composed, and note every test performed, as we can challenge their authenticity in court.
- Watching You Always: The IME doctor might assign someone to monitor you as you go about your daily life without your knowing it. The goal is to see how well you walk or sit or if you’ve fully resumed your life. The examiner will now include their observations in the report.
- Blaming Pre-Existing Conditions: The IME might also look for pre-existing conditions to blame for your injury being severe or not healed. They might ask you about old sports injuries from childhood or medical conditions you’ve treated. Be careful how you answer, as they may claim your wounds are from or worsened by degenerative diseases.
Always remember that an IME doctor hopes to find an alternate explanation of your injuries or an over-exaggeration from the original treating physician. The insurance company will then use the examiner’s report to counteract your claim and reduce your settlement.
How Should You Behave During an IME?
When you visit an IME, here’s how you should behave:
Be Honest
First of all, be honest. Honesty is the best way to protect yourself against anything conflicting with the original treating physician. You can schedule an appointment with the initial treating physician to review notes before your IME. You could also ask for a copy of the medical records and notes to keep the details fresh in your mind for your IME.
Focus on Your Injury
Keep the conversation to a minimum and focus on your injury. Do not discuss details of the accident. Please note that people tend to talk more when they're nervous, and an IME doctor knows how to use this against you.
Do not answer questions that are not related to the injury. While these may seem like innocent conversation starters, they can be used against you. An IME physician can take a hobby such as golfing and attempt to attribute your injuries to that activity.
The IME doctor may ask what kind of work you do to try to blame your neck pain on straining over a computer eight hours a day. They may ask about previous injuries, such as a torn meniscus in high school, to attach your claim of knee pain to a pre-existing condition. So, politely decline to answer any question unrelated to your accident injury.
Ask for Clarification
If any question is unclear to you, don’t guess the answer. Instead, ask for clarification and provide only truthful and relevant answers. Also, don’t rush your answers. Try as much as you can to provide suitable details about your injury so you can paint a complete picture.
What Happens After an Independent Medical Examination?
Once your IME is complete, negotiations for your settlement will continue as the adjuster reviews the report from the IME physician. You can request a third medical opinion if there’s a discrepancy or disagreement between the original treating physician and the IME physician reports. You can consult our knowledgeable personal injury attorney before participating in an IME, because much of your settlement depends on medical documentation.
What to Know Before an Independent Medical Examination (IME) FAQs
You might have many questions about IME and how it affects your compensation claim. Below are answers to some of the common ones.
Will an IME Impact My Compensation?
Yes. The report of the IME can negatively affect your compensation as the insurance company uses it as a determinant of how much you deserve.
What Should I Do If I Believe the Independent Medical Examiner Made a False Report?
Contact our personal injury lawyer immediately if you believe the independent medical examiner made a false report. We will file an action in court to challenge the report’s authenticity.
What Happens If the Insurer Denies My Claim Because of the IME Report?
You can appeal the decision if the insurance company denies your claim because of a falsified IME report. Our personal injury attorneys will help you file a lawsuit to challenge the decision and ask the court to award you compensation.
Can a Lawyer Help Me Contest a Falsified IME Report?
Yes, a lawyer can help you contest a falsified IME report. However, having a lawyer represent your interests before and during the examination is better to reduce the chances of a fake report.
Contact Goodman Acker P.C. Before an Independent Medical Examination
Before participating in an independent medical exam after your accident, contact our legal team at Goodman Acker P.C. The initial consultation is free, and we will review the details of your case to determine the best course of action. Contact us today at 248-286-8100, and let us go to work for you.