Following a motor vehicle accident, it is important that you receive treatment for your injuries. But even though you are being treated by your chosen doctors, there is a chance that the insurance company will send you a letter scheduling you for an Independent Medical Exam, or IME, with the insurance company’s doctor. Also referred to as “Defense Medical Exams,” or DMEs, these exams are the insurance company’s opportunity to review your injuries to determine if coverage is still medically necessary.
Do You Have to Attend?
The first question that one may have is whether they have to attend the examination. The answer is yes. Under all insurance policies in New York State, there is a requirement for each injured person to submit to an exam. If you do not attend, your benefits may be stopped and your treatment and prescriptions may be suspended. Furthermore, refusing to attend could allow the insurance company to obtain a court order dismissing the case for a failure to comply with the requirements.
Why Does the Insurance Company Need Me to Attend?
The general purpose of these exams is to allow the insurance company to have one of their “independent” doctors examine your injuries. By allowing the insurance company doctor the right to examine your injuries, the insurance company will not be required to solely rely on the medical records by your treating doctors. After that examination, the insurance company will rely on their doctor’s examination, along with the medical records to determine your level of disability.
What is the Process?
It is important to know, going in to an independent medical exam, that the examination will not be like a visit to your doctor. When you arrive at the independent medical examination, you can expect to be greeted at the front desk with a questionnaire. It is important to be thorough and accurate in filling out that questionnaire, as it will be used by the doctor in formulating their report. Next, when you eventually do see the doctor, you can expect the visit to be short. The doctor is not seeking to treat you, but instead, trying to determine your level of disability. They will do this by assessing your range of motion in various body parts and observing how you are moving and handling yourself. It is important not to overstate your injuries as the doctor will be looking to find inconsistencies with your medical records, the information provided to the doctor by the insurance company, and the physical examination.
What Happens After the Examination?
After the examination, the doctor will prepare a report that will be given to the insurance company. If the insurance company declines your treatment based on the examination, they will send you a notice. If the examination is done after you commence a lawsuit, the insurance company’s attorneys will be required to provide you with a copy of the report.
Before appearing at an independent medical examination, it is important to speak to an attorney who is experienced in personal injury actions. The attorney will help walk you through the process and what to expect. Following the independent medical exam, the attorney will help you obtain evidence that runs counter to the IME doctor’s findings.
If you have been injured in a motor vehicle accident, it is important that you speak with an experienced New York personal injury lawyer who can help you understand your rights. The attorneys at McGuire, Peláez & Bennet PC, will work to ensure you receive the compensation you deserve. For more information about our firm or to schedule a consultation, call our office at 631-348-1702 or fill out our contact form.
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