How Independent Medical Examinations (IMEs) Can Affect Your Injury Claim

Despite the name, an “Independent Medical Examination” (IME) is usually not truly independent. In most personal injury and insurance claims, the doctor performing the examination is selected and paid by the insurance company or defense—not by you or your treating physician. The purpose of the IME is generally to evaluate your injuries for the insurer, and the doctor’s opinions can significantly affect your claim.

That does not mean the IME doctor will automatically disagree with your treating physicians. However, you should understand that the IME is part of the insurance company’s claim evaluation process, not a continuation of your medical treatment.

If you’ve been scheduled for an IME, knowing what to expect—and how to prepare—can help protect your rights.

Your case. Your future. Our priority. Contact Hill & Moin LLP today for a free consultation.

What Is an Independent Medical Examination?

An Independent Medical Examination is a medical evaluation requested by an insurance company, employer, workers’ compensation carrier, or defense attorney during a personal injury or workers’ compensation claim.

Unlike appointments with your own physician, the IME doctor generally:

• Does not provide ongoing treatment.
• Does not establish a doctor-patient relationship.
• Reviews your medical condition for claim purposes.
• Prepares a report for the insurance company or opposing party.

The examination may include:

• A review of your medical records
• Questions about your accident
• A physical examination
• Questions about your symptoms
• Evaluation of your work restrictions
• Review of prior injuries or medical conditions

The IME report can influence settlement negotiations, disability benefits, and litigation.

Why Does the Insurance Company Request an IME?

Insurance companies frequently request IMEs to evaluate issues such as:

• Whether your injuries are related to the accident
• Whether your treatment is reasonable and necessary
• Whether you’ve reached maximum medical improvement
• Whether additional treatment is needed
• Whether you can return to work
• Whether pre-existing conditions contributed to your symptoms
• Whether permanent impairment exists

The insurer may use the doctor’s opinions when deciding whether to continue paying benefits or how much to offer in settlement.

You deserve a law firm that prioritizes your recovery. Hill & Moin LLP can help you prepare for every stage of your injury claim.

What Not to Say During an IME

One of the most common online searches is “what not to say during an IME.” While you should always answer questions truthfully, there are common mistakes that can unintentionally harm your claim.

Don’t Guess

If you don’t know an answer or cannot remember a specific detail, say so rather than guessing.

Don’t Exaggerate

Avoid overstating your pain or limitations. Exaggerations may undermine your credibility if they conflict with your medical records or observed activities.

Don’t Minimize Your Symptoms

Some people downplay their pain out of habit or embarrassment. Describe your symptoms honestly, including how they affect your daily life.

Don’t Volunteer Unnecessary Information

Answer the questions asked, but avoid lengthy discussions unrelated to your medical condition or the accident.

Don’t Speculate About Fault

The IME focuses on your medical condition—not who caused the accident. Avoid offering opinions about legal responsibility unless specifically advised by your attorney.

Don’t Say You’re “Fine” If You’re Not

Casual responses like “I’m doing okay” or “I’m fine” may later appear in the report. Instead, accurately describe your current condition.

Honesty, consistency, and accuracy are usually the best approach.

What Happens During an IME?

Although every examination is different, most IMEs follow a similar process.

Medical History Review

The physician may ask about:

• Your accident
• Current symptoms
• Prior injuries
• Previous surgeries
• Medications
• Employment
• Daily activities

Physical Examination

Depending on your injuries, the doctor may evaluate:

• Range of motion
• Strength
• Reflexes
• Balance
• Walking
• Flexibility
• Areas of pain

Report Preparation

After the examination, the physician prepares a written report for the insurance company or defense attorney summarizing findings and opinions.

What IME Doctors Often Evaluate

IME physicians are commonly asked to answer specific questions rather than provide treatment recommendations.

These questions may include:

Issue	Why It Matters
Are the injuries related to the accident?	Helps determine claim eligibility.
Is treatment medically necessary?	May affect payment of medical bills.
Has maximum medical improvement been reached?	Can affect ongoing benefits.
Are work restrictions appropriate?	May influence disability or wage-loss benefits.
Is permanent impairment present?	May impact settlement value.
Were pre-existing conditions involved?	Frequently disputed by insurers.

Understanding these issues can help explain why the examination is often detailed and carefully documented.

Common Mistakes That Can Affect an IME

Certain actions may unintentionally weaken your claim.

Avoid:

• Missing the appointment without legal advice
• Arriving late
• Giving inconsistent answers
• Ignoring your doctor’s treatment recommendations beforehand
• Exaggerating pain
• Concealing prior medical conditions
• Becoming argumentative
• Posting contradictory information on social media before or after the examination

Consistency between your medical records, your testimony, and your IME examination is important.

How Can an IME Affect Your Settlement?

The IME report may influence:

• Settlement negotiations
• Workers’ compensation benefits
• Disability benefits
• Future medical treatment
• Return-to-work decisions
• Trial strategy

An unfavorable IME does not automatically end your case. Your treating physicians, medical records, diagnostic imaging, and other expert opinions remain important evidence.

Can an IME Report Be Challenged?

Yes. An IME report is not necessarily the final word on your medical condition.

Depending on the circumstances, your attorney may challenge the report by:

• Presenting opinions from your treating physicians
• Obtaining additional specialist evaluations
• Using diagnostic imaging
• Highlighting inconsistencies in the IME report
• Cross-examining the IME physician during litigation
• Presenting testimony from independent medical experts

Courts and insurance companies generally evaluate all available medical evidence rather than relying solely on one examination.

Don’t wait—your future starts with one phone call. If you’ve been scheduled for an IME or received an unfavorable report, Hill & Moin LLP can help you understand your legal options.

How to Prepare for an IME

Simple preparation can help the examination proceed more smoothly.

IME Preparation Checklist

• Review your medical history before the appointment.
• Arrive on time.
• Bring requested identification or paperwork.
• Answer questions honestly.
• Describe your symptoms accurately.
• Do not exaggerate or minimize your limitations.
• Continue following your treating physician’s recommendations.
• Speak with your attorney if you have concerns before the examination.

Why Legal Guidance Matters

Because IMEs often become important pieces of evidence, preparing appropriately can protect both your credibility and your claim.

An experienced personal injury attorney can help:

• Explain the purpose of the IME.
• Prepare you for common questions.
• Review the IME report.
• Challenge unsupported conclusions.
• Present medical evidence supporting your claim.
• Protect your interests during settlement negotiations or litigation.

Frequently Asked Questions About Independent Medical Examinations

Is an Independent Medical Examination really independent?

Usually no. In most personal injury and workers’ compensation cases, the IME physician is selected and paid by the insurance company or defense. While doctors are expected to provide professional medical opinions, the examination is conducted on behalf of the party requesting it rather than your treating physician.

What do IME doctors look for?

IME doctors typically evaluate whether your injuries are consistent with the accident, whether treatment remains medically necessary, whether you have reached maximum medical improvement, whether you can return to work, and whether any permanent impairment exists.

Can I bring someone with me to an IME?

Whether another person may attend depends on the applicable rules, the type of claim, and the circumstances. Discuss this question with your attorney before the examination.

Can I challenge an IME report?

Yes. An unfavorable IME report may be challenged using your treating physicians’ opinions, additional expert evaluations, diagnostic testing, medical records, and testimony demonstrating that the report is inaccurate or incomplete.

What happens if the IME doctor disagrees with my physician?

A disagreement does not automatically determine the outcome of your claim. Insurance companies, administrative agencies, and courts often consider multiple medical opinions, along with the complete body of evidence, when evaluating a case.

Contact Hill & Moin LLP

An Independent Medical Examination can play an important role in the outcome of your personal injury or workers’ compensation claim. Understanding the process—and preparing properly—can help protect your rights and strengthen your case.

When your health, livelihood, or family’s future is on the line, every decision matters. Contact Hill & Moin LLP today for a confidential, no-obligation consultation if you’ve been scheduled for an IME or have questions about how an IME may affect your injury claim. Complete our contact form or call us at (212) 668-6000.