After a car accident in Massachusetts, many victims are surprised to learn that their insurance company—or the other driver’s insurer—can require them to attend an Independent Medical Exam (IME). While the term “independent” sounds neutral, these exams are rarely impartial. Understanding how IMEs work, what rights you have, and how to prepare for one can make a significant difference in your injury claim.
What Is an Independent Medical Exam in Massachusetts?
An Independent Medical Exam is an evaluation requested by an insurance company to assess your injuries after you’ve filed a personal injury or no-fault claim. Under Massachusetts General Laws Chapter 90, Section 34M, insurers are allowed to require such an exam to verify the necessity of medical treatment and determine the extent of your injuries.
In practice, this means the insurance company selects and pays for the doctor who performs the exam. The stated purpose is to obtain an objective medical opinion—but because the doctor is chosen by the insurer, the results often favor the company’s interests rather than the injured party’s.
Why Insurance Companies Request IMEs After Massachusetts Car Accidents
When a car accident results in injury claims, insurance companies have a financial incentive to minimize payouts. Ordering an IME is one of their most common tactics. The insurer may request an exam to:
- Determine whether your injuries were actually caused by the accident.
- Assess whether your medical treatment is “reasonable and necessary.”
- Evaluate whether you’ve reached “maximum medical improvement.”
- Justify cutting off payments for ongoing treatment or lost wages.
In some cases, the insurer’s goal is not to seek clarity but to limit liability or undermine your credibility. For example, if your treating physician supports long-term therapy, the insurer might use the IME report to challenge that opinion and argue for reduced compensation.
How IMEs Work in Massachusetts Car Accident Cases
Once the insurance company schedules the IME, you’ll receive written notice of the date, time, and location. These exams usually last no more than 30 minutes, and the examining doctor will not provide treatment—only an evaluation.
During the exam, the doctor may:
- Review your prior medical records and accident report.
- Ask about your current symptoms and daily limitations.
- Conduct a brief physical examination.
- Prepare a written report summarizing findings and conclusions.
That report is then sent to the insurance company and can significantly impact how your claim proceeds.
Your Legal Rights Before and During an IME
You are legally required to attend a properly requested IME if your case involves a no-fault claim or lawsuit. However, you also have specific rights that protect you from unfair practices:
- You have the right to bring a witness or representative with you.
- You may request a copy of the IME report.
- You do not have to answer questions unrelated to your injuries or accident.
- You should not sign any documents beyond a simple acknowledgment of attendance.
Having your attorney prepare you for the exam is crucial. They can help you understand what to expect, how to respond appropriately, and what red flags to look out for.
How an IME Can Hurt Your Massachusetts Car Accident Claim
The main danger of an IME lies in how the insurance company uses it. If the doctor’s report downplays your injuries or contradicts your treating physician’s findings, the insurer might:
- Deny ongoing medical treatment.
- Argue that your injuries were pre-existing.
- Offer a reduced settlement.
- Present the IME report as evidence against you in court.
For instance, if you report lingering back pain but the IME physician claims your mobility is “normal,” the insurer may use that to dispute your need for further physical therapy or pain management.
In practice, this means that the IME is not about your recovery—it’s about building the insurer’s defense.
How an IME Could Help Your Case
While uncommon, an IME can sometimes support your claim. If your injuries are severe and well-documented, an impartial physician’s confirmation could strengthen your position. This may occur when:
- The insurer’s chosen doctor acknowledges the extent of your limitations.
- Your symptoms and medical imaging align perfectly.
- The IME findings confirm that continued treatment is reasonable.
Even then, it’s important to remember that IME doctors are not your advocates. Any positive result should still be reviewed carefully with your attorney before submission.
Preparing for Your Massachusetts IME: What to Do and What to Avoid
Proper preparation can help you avoid common pitfalls during an IME.
Before the exam, you should:
- Review your accident report and medical history with your attorney.
- Dress comfortably but professionally.
- Be honest and consistent in describing your pain levels and limitations.
During the exam:
- Be polite but concise in your answers.
- Do not exaggerate or minimize your pain.
- Avoid volunteering information beyond what is asked.
- Take mental notes of what the doctor observes or says.
After the exam:
- Inform your attorney of any concerning behavior, comments, or inconsistencies.
- Request a copy of the IME report through your lawyer.
By approaching the exam strategically, you ensure the insurer can’t twist your words or observations into evidence against you.
When an IME Turned a Massachusetts Car Accident Case Around
A driver from Worcester suffered neck and shoulder injuries after a rear-end collision. The insurer requested an IME to “confirm” the need for continued treatment. However, the examining physician unexpectedly supported the patient’s claim, stating that the pain and reduced range of motion were consistent with whiplash from the crash.
Because the findings matched the treating doctor’s notes, the insurer had no valid reason to deny benefits. The claimant’s attorney used this to negotiate a significantly higher settlement, proving that even insurer-driven exams can backfire when handled correctly.
This example underscores why legal representation before, during, and after an IME is so vital.
Statutory Context: Massachusetts No-Fault and Liability Framework
Massachusetts follows a no-fault insurance system, meaning drivers typically turn to their own insurer for medical and lost wage benefits, regardless of fault. However, if your injuries meet the tort threshold—medical expenses exceeding $2,000 or serious, lasting impairment—you can pursue a personal injury claim against the at-fault driver.
Under Massachusetts General Laws Chapter 231, Section 85, comparative negligence rules apply. This means your compensation can be reduced by your percentage of fault, but you can still recover damages as long as you are not more than 50% responsible.
Understanding how IME results fit into this framework is essential. The insurer may use the IME to argue your injuries don’t meet the threshold or to dispute their severity—directly affecting whether you qualify for additional compensation.
Why Legal Guidance Matters in Massachusetts IME Cases
Handling an IME without legal representation is risky. Many injured people assume cooperation ensures fairness, only to find the report twisted against them later. A skilled Massachusetts car accident attorney will:
- Review the IME request for compliance with state law.
- Prepare you for the exam and potential questions.
- Analyze discrepancies between the IME and your treating physician’s report.
- Use medical experts to rebut biased findings.
- Negotiate with the insurer to prevent unfair benefit termination.
In some cases, your lawyer may even depose the IME physician to expose bias or inconsistencies before settlement discussions or trial.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
If you’ve been injured in a Massachusetts car accident and have been asked to attend an Independent Medical Exam, you don’t have to face it alone. Insurance companies often use IMEs to challenge legitimate injuries and reduce settlements. Our experienced Massachusetts car accident attorneys understand how to protect your rights, prepare you for the exam, and counter biased reports with strong medical evidence. Whether you’re dealing with ongoing pain, disputed claims, or unfair denials, we’ll fight to ensure your voice is heard and your recovery is prioritized.