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24/7/365 Emergency Hotline: 631-348-1702

If you have been arrested, or in case of an emergency, our attorneys can be reached 24 hours a day, 7 days a week, at 631-348-1702.

Independent Medical Exam Following a Motor Vehicle Accident

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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Reviews

They were a big help with a case I had that had been prolonged by NYC. With their help I avoided 8 points & an increase on my insurance. Can't recommend them enough, well worth the money.
Me fue bien. Trabajan muy bien. Son recomendados
Response from the owner:Thank you very much for your positive review, Orlando. We appreciate you coming to us for legal assistance, and hope you consider us if you need any further help.
Mi experiencia con los los Abogados en Mcguirre, Peláez son muy profesionales le recomendaría a mucha de mis amigos hispanos
Response from the owner:Thank you very much for your review, Joel. We are glad we could be of assistance. Please let us know if there are any future legal issues you need help with.
I can’t recommend Brett Bennett — or really, anyone at McGuire, Peláez & Bennett — highly enough. Hiring Brett was hands-down one of the best decisions I’ve made (and trust me, given why I needed a lawyer, I’ve made some questionable ones).

From the start, Brett made the whole process so much less stressful. He’s approachable, sharp, and always available to chat — no legal jargon, no intimidation, just solid, straightforward guidance. My case wasn’t exactly simple, but Brett’s expertise and understanding of the law turned what felt like a mess into a remarkably favorable outcome. Way beyond what I expected.

Also, special shoutout to the receptionist — she was an absolute gem. Every time I called, she was kind, helpful, and somehow managed to make the whole experience feel a little less daunting.

Bottom line: Brett was affordable, worth every penny, and then some. If you’re reading reviews wondering who to trust with your legal headache — take it from me, this is your guy.
Response from the owner:Maeve, we greatly appreciate you leaving your review. We are happy to have been of service, and hope we can help you again if you ever need any assistance with a future legal matter.
Los abogados son expertos en lo que hacen. Me an ayudado anteriormente y hicieron un buen trabajo. Las muchas de frente son muy buena gente.
Response from the owner:Gracias. Thank you Juan.
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