Independent Medical Examination After a Car Accident: What to Expect

TL;DR: An independent medical examination after a car accident is a medical evaluation requested by the insurance company or, in some cases, ordered during a lawsuit. Despite the name, the doctor isn't there to provide treatment—instead, they're evaluating your injuries for the claim. Knowing what happens during an IME, how to prepare, and what your rights are can help you avoid surprises before you file a personal injury claim in California.

Table of Contents

Why Is an Independent Medical Examination Requested? What Happens During an IME? How to Prepare for an Independent Medical Examination Can an IME Affect Your Personal Injury Claim? Frequently Asked Questions

Why Is an Independent Medical Examination Requested?

An independent medical examination after a car accident, often called an IME, is a medical evaluation requested by an insurance company or, during litigation, ordered as part of the legal process. In California, these examinations are also commonly referred to as a defense medical examination or defense medical exam. An IME is usually requested when there are questions about the nature or extent of your injuries. The insurance company may want another physician to review your condition before deciding how to evaluate your claim.

For example, an IME may be requested if:

Your injuries require ongoing treatment
The insurance company questions whether your injuries were caused by the accident
There are disagreements about your diagnosis or future medical care
The insurer wants another opinion before settlement negotiations continue
A lawsuit has been filed and the defense requests a California personal injury medical examination

Imagine you've been treated for six months after a rear-end collision. Your doctor believes you'll need additional physical therapy and possibly future injections. Before considering a settlement, the insurance company schedules an insurance medical examination after an accident to obtain another medical opinion regarding your condition.

What Happens During an IME?

One of the biggest concerns people have is what happens during an independent medical examination.

Most appointments last between 30 minutes and an hour, although the length depends on the type of injuries involved. The examining physician may review your medical records beforehand, then ask questions about the accident, your symptoms, prior injuries, treatment history, and how your injuries affect your daily life. The examination itself may include:

Reviewing your medical history
Asking how the accident occurred
Discussing your current symptoms
Evaluating your range of motion
Performing a physical examination
Asking about work restrictions and daily activities
Reviewing any prior injuries or medical conditions

Unlike an appointment with your own physician, the doctor performing the independent medical exam in a personal injury case isn't there to diagnose, prescribe medication, or recommend treatment. Their role is to evaluate your condition and prepare an independent medical examination report for the insurance company or the attorneys involved in the case.

How to Prepare for an Independent Medical Examination

Knowing how to prepare for an independent medical examination can make the experience much less stressful.

A few simple tips include:

Arrive on time
Bring any requested paperwork or identification
Review your treatment history beforehand
Be truthful when discussing your symptoms
Don't exaggerate or guess if you're unsure about something
Describe how your injuries affect your everyday activities
Follow your doctor's treatment recommendations leading up to the appointment

If you've experienced gaps in medical treatment, be prepared to explain why. For example, if you missed appointments because of scheduling conflicts, insurance issues, or another legitimate reason, simply answer honestly. The goal isn't to have the perfect answer—it's to provide an accurate picture of your recovery. Remember, the doctor is evaluating your condition, not providing treatment.

Can an IME Affect Your Personal Injury Claim?

An IME doesn't automatically determine the outcome of your case, but it can influence how the insurance company evaluates your claim.

The examining physician's opinions may address issues such as:

Whether your injuries appear related to the accident
Whether your treatment was medically necessary
Whether additional treatment may be needed
Whether you've reached maximum medical improvement
Whether permanent limitations exist

Your treating physicians, diagnostic imaging, medical records, and other medical evidence also play important roles in evaluating your claim. If there are differences between your doctor's opinions and those contained in the IME report, those issues may be addressed during negotiations or, if necessary, in court.

If you're unsure about attending a compulsory medical examination in a personal injury case, speaking with a personal injury lawyer in North Hollywood beforehand can help you better understand the process.

Since 1998, Yepremyan Law has helped thousands of clients recover millions of dollars. Our law firm in North Hollywood offers free consultations and represents injured clients throughout Southern California. Call us today to schedule your appointment with a personal injury lawyer in Valley Village or North Hollywood. With 24/7 support, our team is here to answer your questions and guide you through every step of the claims process.

Frequently Asked Questions

Can the At-Fault Driver's Insurance Company Require an IME Before I File a Lawsuit?

Generally, no. Before a lawsuit is filed, the insurance company cannot typically force you to attend an IME simply because it requests one. However, declining an examination may affect how the insurer evaluates your claim. Once litigation begins, a court may order a defense medical examination under certain circumstances.

What Happens if I Refuse to Attend the Examination?

If the examination has been properly ordered during a lawsuit, refusing to attend may result in court sanctions or limit the medical evidence you can present. If it's simply a request from the insurance company before litigation, different rules generally apply.

How Much Notice Must I Receive Before the Examination?

The amount of notice required depends on the circumstances of the case and whether the examination is requested during litigation. If you've received notice of an IME, your attorney can review whether it complies with California law.

Can I Record the Examination?

Whether an IME may be recorded depends on the circumstances and applicable California law. If you're represented by an attorney, it's a good idea to discuss this issue before the examination rather than assuming recording will be permitted.

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