Defense Medical Exams in Car Accident Cases

If you make a claim for injuries arising out of a car accident, chances are you will be asked to submit to a medical examination by someone other than your own doctor. This type of exam is often referred to as an "Independent Medical Examination" or "IME".  An "IME" can be requested by the defendant or even by your own insurance company. Most automobile insurance policies contain language that makes your submission to an exam a prerequisite to coverage under the policy. As an example, a well known insurer in Pennsylvania has the following language in it's insurance contract:

"A person claiming any coverage under this policy must -

3) Submit to physical examination at our expense by doctors we choose as often as we may reasonably require ..."

This is the type of language typically relied on by insurance companies to request "IME's" in uninsured and underinsured motorist cases. As you can plainly see, the insurance company reserves the right to select the examining physician and even to request multiple exams if necessary. Usually, the examining physician will advise you that no physician-patient relationship exists despite the examination and that they are not agreeing to treat you. You should also be advised that the doctors findings are not confidential and will be shared with the party requesting the exam. Fortunately, you or your legal representative will  be provided with a copy of any "IME" report that is prepared.

In addition to the insurance policy language cited above, the Pennsylvania Motor Vehicle Financial Responsibility Law also mandates medical examinations "whenever the mental or physical condition of a person is material to any claim" for benefits. 75 Pa.C.S.A. Section 1796. Court opinions suggest, however, that a showing of "good cause" may be required before an exam will be compelled under the statutory language.

In cases against a third party defendant, Rule 4010 of the Pennsylvania Rules of Civil Procedure addresses this issue. Rule 4010 provides in part as follows:

"When the mental or physical condition of a party ... is in controversy, the court in which the matter is pending may order the party to submit to a physical or mental examination ...".

In most cases, parties reach an agreement for an examination without the need for court order. This rule of civil procedure also requires the party obtaining an "IME" report to produce the detailed written findings to the person examined.

 When attending an "IME" it is important to be truthful, be thorough and to provide a valid effort. Often times members of our legal staff will attend and observe this type of examination to ensure that our clients are treated fairly during this important event. If you place your physical condition at issue by pursuing a personal injury claim, you should be prepared for the independent medical examination that is sure to follow.