If you or a loved one has been injured in an accident and you’re filing a suit against the other driver, you will have to undergo an “independent medical examination” (IME) conducted by the opposite party’s insurance company. IME is a mandatory requirement to establish certain facts for the defense and the insurance company.

Apart from accidents, IMEs may be ordered in certain other types of cases such as child custody cases, to establish whether the parent is stable enough to be granted custody.

The Purpose 

When a personal injury or accident-related lawsuit is filed, it seeks to establish the fault of the other party. In the course of this, the victim makes certain claims about the injuries suffered in the accident. The defendant in this case, the driver who caused the accident, is represented by his/her legal counsel and also his/her insurance company. It is the insurance company which must make the payments in case the verdict goes against their client. Hence, they have to be fully convinced about the veracity of the victim’s claims. Their own doctors/medical professionals/designated hospitals conduct the IME, although the victim would have already undergone medical treatment in some other place.

Assumption of Bias 

After an accident, the victims are taken to a doctor/hospital of their choice, examined and given treatment. In this regard, the defendant’s insurance company may feel there is a certain amount of bias involved and that the victim could persuade medical staff to inflate the nature of injuries for enhancing compensation. In some cases, the victim may not yet have been medically examined, so the insurance company would prefer its own people to do it.

Judges in some cases may order IME if the medical testimony is in dispute. It is usually the insurance company that requests it.

Who is Qualified to Conduct IME?

The medical professionals qualified to conduct IME may vary between different jurisdictions. Generally, MDs and DOs are considered to be appropriate. Psychiatrists cannot conduct them but they can conduct an independent psychological examination. The person who conducts the IME must preferably have:

• Medical knowledge, qualifications and training in the specific area relevant to the injuries
• Credentials and experience in conducting IMEs 

Legal Aspects

Though the victim can refuse to take an IME, in most cases, it is recommended that they do not, as it could be the basis of further delays and litigation. The judge can also compel the victim to take it, when a lawsuit is filed based on the injuries suffered in the accident. The procedure consists of:

• Sufficient notice should be given to the victim about time, manner, location and scope of IME
• In general only one IME is permitted, unless there are specific issues with the first one
• It is paid for by the defendant/defendant’s insurance company
• The same IME examiner should be available for cross-examination during trial or deposition
• Both parties have a right to review the reports
• Reports are to be in a specific format
• It should give details of conversations with the examinee
• There should be complete details of examination, testing, diagnosis and medical findings

Guidelines for Appearing for an IME

Our law firm can assist victims with preparation and all aspects of appearing for the IME. Our personal injury lawyers have the skill, knowledge and experience of helping with the initial paperwork, filing papers in the stipulated time-frame and ensuring that your rights as a victim are safe-guarded. Our no win no fee lawyers can represent you every step of the way in the litigation process, including the IME. Some important tips to be remembered before the IME:

• Be on time
• There is no need to be nervous
• Bring a witness or your own physician along with you to the IME
• Carry all relevant medical records with you
• Be scrupulously honest, polite, pleasant, co-operative
• Ensure that all information is correctly recorded
• You can give Yes/No answers wherever applicable
• Remember that everything you say, do, express non-verbally is being recorded and analyzed
• Examining doctors use subtle techniques to test mobility, such as dropping things for you to pick up, watching you while you stand, sit, walk, open doors, read, etc outside their waiting rooms too

Our car accident attorneys can assist you with getting prepared for the IME by going over the details:

• How and when the accident occurred
• Your medical history
• Description of your injuries
• Symptoms and pain
• Activities that the injury prevents you from doing

If you, your family or a friend has been injured in an accident, please feel free to speak to one of our injury lawyers for a free consultation about how we are able to assist in making a personal injury claim. We consult in all cities across Ontario with a no win no fee guarantee. Our personal injury lawyers have helped victims secure millions of dollars in personal injury cases. Call us Toll Free On our 24/7 Injury Hotline: 1 – 844 495 7333.