An insurance company asks you to attend an independent medical exam after a car accident. You may already have a doctor you trust, a treatment plan underway, and enough to deal with after the crash. Then a new doctor, chosen for purposes of the claim, wants to examine you.
That can feel unsettling, especially when you're unsure what the doctor will say about your injuries. An IME doctor may agree with your treating physician or reach a different opinion about treatment or the extent of your injuries. Connecticut law also addresses medical examinations in personal injury lawsuits, and some auto insurance policies contain their own requirements.
In this article, we explain why an insurer may request an IME, what happens during the appointment, and how the results can affect your Connecticut car accident claim.
Key Takeaways About Independent Medical Exams After a Car Accident in Connecticut
- An independent medical exam can help your case if the examiner agrees your injuries are connected to the crash and your treatment is medically supported.
- An IME can create challenges if the examiner attributes your symptoms to a preexisting condition, questions the cause of the injury, or disputes the need for further treatment.
- You may have to attend an IME when your insurance policy requires one or when an adverse party properly requests a physical or mental examination in a pending Connecticut personal injury lawsuit. Under Connecticut Practice Book § 13-11(b), the plaintiff must comply with such a request unless the plaintiff files a written objection within 10 days from the filing of the request; the rule also provides that a plaintiff cannot be compelled to undergo an examination by a physician to whom the plaintiff objects in writing.
- The IME report becomes one piece of the medical evidence, alongside your treatment records, diagnostic tests, and opinions from your treating doctors.
- An IME request does not tell you how the claim will turn out because the examiner's opinion may support either the injured person's position or the insurer's position.
What Is an Independent Medical Exam?
An independent medical exam, or IME, is an examination by a healthcare provider who is not treating you for the injuries involved in your claim.
After a Connecticut car accident, an insurer may ask you to attend an IME so a doctor can evaluate your reported injuries and provide an opinion for the insurance claim. The doctor may review your medical history, ask about the collision and your symptoms, perform a physical examination, and review relevant medical records or diagnostic studies.
Your treating physician and an IME doctor also have different roles. Your treating physician provides medical care and decides what treatment you need. An IME doctor evaluates your condition for a purpose connected to the insurance claim or legal dispute.
The word "independent" can cause some confusion. The examiner may have no role in your regular medical care, yet the insurer or opposing party may have selected the doctor and requested the examination. Connecticut's Appellate Court considered this type of arrangement in Amica Mutual Insurance Co. v. Levine, a case involving an automobile insurance policy that required an insured to undergo an IME after a crash.
Why Do Insurance Companies Request an Independent Medical Exam?
An insurer may request an IME when medical issues affect the value or validity of a claim. The examination can provide the insurer with another medical opinion about the claimed injuries.
For example, an insurer may want an examiner to evaluate whether:
- The crash caused the reported injury
- The symptoms are consistent with the accident
- A preexisting condition contributes to the symptoms
- The current condition requires additional treatment
- The reported limitations match the examination findings.
Consider a driver who develops persistent neck pain after a rear-end collision. The driver's treating physician may connect the symptoms to the crash and recommend continued treatment. The insurer may request an IME to obtain another medical opinion about whether the accident remains the cause of the symptoms.
The request itself does not establish that the insurer disputes the injury. It tells you the insurer wants additional medical information before evaluating the claim.
The distinction can matter because an IME may produce an opinion supporting the injured person's position. An examiner could agree with the treating physician about causation or the need for treatment. A different opinion could also create a dispute requiring review of the medical records and other evidence.
Do You Have to Attend an Independent Medical Exam in Connecticut?
The answer depends on where the IME request comes from. In a pending personal injury lawsuit, Connecticut Practice Book § 13-11 governs requests for physical or mental examinations. When an adverse party files and serves a request under § 13-11(b), the plaintiff must comply unless, within 10 days of the filing of the request, the plaintiff files a written objection specifying the portions of the request being challenged and the reasons for the objection. The rule also provides that a plaintiff cannot be compelled to undergo an examination by a physician to whom the plaintiff objects in writing.
An automobile insurance policy can create a separate obligation. Connecticut courts have enforced policy provisions requiring an insured to attend a medical examination, so an insurance-company request deserves a response.
If you have concerns about the doctor, timing, location, or scope of the examination, address them before the appointment.
What Happens During an Independent Medical Exam?
An IME can feel different from a regular doctor's visit because the examiner is evaluating your condition for purposes connected to the claim.
The appointment may include:
- Questions about the accident: You may be asked how the crash happened and when your symptoms began.
- Medical history: The examiner may ask about previous injuries, conditions, and treatment.
- Physical examination: Testing depends on the injury being evaluated and may include movement, strength, or other clinical assessments.
- Questions about daily activities: You may be asked how the injury affects work, exercise, driving, or routine tasks.
- Records review: The examiner may review medical records, imaging, or other information provided for the evaluation.
You do not need to memorize your medical records or rehearse your answers. Describe your symptoms and medical history accurately. If you cannot remember a specific detail, please let the examiner know.
The examiner may prepare a report with findings, diagnoses, and medical opinions for the insurer or parties involved in the case. Your treating physician remains responsible for your ongoing medical care.
Can an Independent Medical Exam Help or Hurt Your Case?
An IME can support your claim when the examiner's findings are consistent with your medical records and connect your injuries to the crash. The report can also create challenges if the examiner reaches a different conclusion about causation, treatment, or the extent of your injuries.
For example, your treating doctor may believe a collision caused your ongoing neck pain. An IME doctor may agree after reviewing your records and examining you. The report then provides additional medical support for your position.
The opposite can happen, too. An examiner may attribute continuing symptoms to a preexisting condition or conclude that additional treatment is unnecessary.
| An IME may support your case | An IME may create challenges |
| The examiner connects the injury to the crash. | The examiner attributes symptoms to another cause. |
| The findings match your medical records. | The examiner disputes the diagnosis. |
| The doctor supports continued treatment. | The doctor considers additional treatment unnecessary. |
| The findings support your reported limitations. | The doctor questions the extent of your limitations. |
An unfavorable IME opinion does not automatically decide a car accident claim in Connecticut. Treating-provider records, imaging, treatment history, prior medical records, and other medical evidence can also matter.
How Should You Prepare for an Independent Medical Exam?
A few simple steps can help you walk into the appointment knowing what to expect and what you need to bring.
- Please read the appointment notice carefully. Check the date, location, doctor's name, and any instructions about documents or testing.
- Keep your paperwork together. Bring only the records or materials you were specifically asked to provide, and keep copies of the appointment notice and related correspondence.
- Create a brief timeline for yourself. Note the accident date, major treatment dates, procedures, and other milestones so you can recall the sequence without trying to reconstruct everything during the appointment.
- Flag anything unusual before the exam. If you have concerns about the location, timing, examiner, or scope of the appointment, please raise them before the scheduled date.
- Plan enough time. Arrive early enough to handle check-in without rushing into the examination room.
You don't need a polished speech for the appointment. Honest, straightforward answers are enough.
If you cannot remember an exact date or detail, say so. There is no need to fill in gaps from memory.
What If You Disagree With the Exam Results?
An IME report can disagree with your treating doctor's opinion without automatically settling the medical dispute.
A disagreement may involve:
- Whether the crash caused the injury;
- Whether a preexisting condition contributes to your symptoms;
- Whether additional treatment is necessary;
- How long the injury is expected to last;
- How much the injury limits your daily activities.
The next step depends on the report and the stage of the claim. Your medical records, diagnostic testing, treatment history, and opinions from treating providers can provide context for the examiner's conclusions.
For example, an IME doctor may conclude that a back injury existed before the collision. Your treating physician may have records showing no comparable symptoms before the crash and documenting treatment that began soon afterward. Those records can become important when the competing medical opinions are evaluated.
If the report contains an incorrect medical history, missing record, or factual error, keep track of the specific issue. A disagreement is easier to address when you can point to the record supporting your position.
How a Connecticut Car Accident Lawyer Can Help
An IME can put an injured person in an uncomfortable spot. You may be asked to discuss your health with a doctor selected for purposes connected to an insurance claim, then wait to see how the resulting report affects your case.
If an IME becomes part of your Connecticut car accident claim, you may have questions about the request, the examination itself, or a report that conflicts with your doctor's opinion. A Connecticut car accident lawyer can help with practical issues such as
- Reviewing the request to identify the legal or insurance basis for the examination.
- Preparing for the appointment so you know what to expect and how to address concerns beforehand.
- Reviewing the IME report alongside your medical records and treating physicians' opinions.
- Addressing disputed findings when the examiner's conclusions conflict with the medical record.
- Evaluating the full record alongside accident evidence, treatment history, and other information relevant to your injuries.
Connecticut Practice Book § 13-11 also provides procedures for physical examinations in civil cases, including the examination request and objections. The Judicial Branch's current Practice Book is the appropriate source for the procedural rules in effect.
If you received an IME request after a Connecticut car accident and are unsure how to respond, bring the request and any related paperwork to a lawyer who can review the circumstances with you.
Frequently Asked Questions:
Can I Bring Someone With Me to an IME?
The answer can depend on the terms governing the examination and any applicable court order. If you would like someone to accompany you, please address the issue before the appointment instead of assuming the request will be accepted.
Can the IME Doctor Review My Medical Records?
Yes. Medical records and diagnostic materials may be provided for the examination, depending on the scope of the request. The records can help the examiner evaluate your medical history, treatment, and claimed injuries.
Can an IME Doctor Treat Me?
An IME doctor is evaluating your condition for purposes connected to the claim. The doctor generally does not become your treating physician or take over your medical care.
What if I Have a Preexisting Condition?
A preexisting condition does not automatically prevent you from pursuing a car accident claim. The medical evidence may need to address whether the crash caused a new injury, aggravated an existing condition, or affected your symptoms in another way.
What if the IME Doctor Says I Am Not Injured?
A doctor's opinion does not erase your other medical evidence. Your treating physicians' records, imaging, treatment history, and other medical opinions may provide evidence supporting a different conclusion.
Can I Get a Copy of the IME Report?
Yes. In a Connecticut lawsuit governed by Practice Book § 13-11, a party who is ordered to undergo an examination, or who voluntarily agrees to one, may request a copy of the examining physician's written report. The party who caused the examination must then provide the report, including the physician's findings, test results, diagnoses, and conclusions, along with similar reports of earlier examinations of the same condition. However, § 13-11(e) provides that requesting and obtaining the report, or taking the examiner's deposition, waives certain privileges concerning testimony from other individuals who have examined or later examine the same condition. An examination required solely under an insurance policy may involve different contractual procedures.
Brandon J. Broderick on Facing an IME After a Connecticut Car Accident
You do not have to walk into an IME knowing exactly how the appointment will affect your claim. You can ask questions about the request, the examination, and the report before making decisions about what comes next.
Brandon J. Broderick, Attorney at Law, can review the circumstances surrounding the examination and explain how the medical evidence fits into your Connecticut car accident claim.
If something about the IME concerns you, contact us and let's review what happened.