Your Rights When the Insurance Company Requests a Medical Examination
If you have filed a car accident claim in South Carolina and the insurance company is requesting an independent medical examination, you likely have questions. Do you have to go? What happens if you refuse? Who chooses the doctor? And why is the examination called independent when it is being arranged and paid for by the opposing insurance carrier?
These are important questions, and a car accident lawyer can help you understand exactly what your rights are before you agree to anything. The decisions you make around an IME can directly affect the outcome of your case.
What Is an Independent Medical Examination in a South Carolina Car Accident Case?
An independent medical examination, commonly called an IME, is a medical evaluation of an injured person requested by the defense side of a personal injury claim. In a car accident case, the request typically comes from the at-fault driver’s insurance carrier or their legal team.
Despite the word “independent” in the name, it is important to understand that the doctor conducting the examination is hired and paid by the insurance company or defense. The doctor is not your treating physician and does not have an ongoing relationship with you. IME doctors are frequently retained by carriers for exactly this purpose, and their findings often favor the party that hired them.
What the examination produces is a written report that the defense uses to challenge your injuries, dispute your treatment, or argue that you have recovered more fully than your own doctors believe.
A car accident lawyer at McDougal Law Firm prepares every client for the IME process so they understand what to expect and how the results may be used.
When Can the Insurance Company Request an IME in South Carolina?
The rules governing IME requests in South Carolina personal injury cases depend on whether your case is in litigation or still in the pre-litigation claims stage.
IME Requests Before a Lawsuit Is Filed
Before a lawsuit is filed, the insurance carrier has no legal authority to compel you to attend an independent medical examination. You are not required to submit to an IME simply because the carrier requests one during the claims negotiation process. Consulting a car accident lawyer before responding to any IME request is the right first step.
However, refusing an IME during pre-litigation can have practical consequences. Some carriers will use a refusal to attend as a reason to slow down or deny settlement negotiations. A car accident lawyer advises you on whether attending a pre-litigation IME is in your best interest given the specific facts of your case.
IME Requests After a Lawsuit Is Filed
Once you file a personal injury lawsuit in South Carolina, the rules change. Under S.C. Code § 15-36-10 and the South Carolina Rules of Civil Procedure, Rule 35, the defense has the right to request a court-ordered physical or mental examination of a party when their physical or mental condition is genuinely at issue in the case.
In a car accident lawsuit, your injuries are directly at issue, which means the defense can seek a court order requiring you to attend an IME. A car accident lawyer can challenge the request, negotiate the terms and conditions of the examination, and in some circumstances object to the specific physician chosen by the defense.
What Are Your Rights During an IME in South Carolina?
Understanding your rights during an independent medical examination is essential. The examination is not a neutral event and the doctor conducting it is not your advocate.
You Have the Right to Know the Scope of the Examination
Before you attend an IME, your car accident lawyer should clarify with the defense exactly what the examination will cover, what tests will be performed, and how long it will take. You are not required to submit to unlimited testing or examinations beyond the scope of what was disclosed.
Your Car Accident Lawyer Can Attend or Arrange Observation
In South Carolina, there is recognized authority for allowing a representative to observe an independent medical examination. A car accident lawyer at McDougal Law Firm can arrange for appropriate observation of your IME to ensure the examination stays within proper boundaries and that no improper questioning occurs.
You Do Not Have to Answer Legal Questions
The IME doctor’s role is medical evaluation, not legal interrogation. You are not required to answer questions about the legal details of your case, your legal strategy, or communications with your lawyer. If the IME doctor begins asking questions that go beyond the scope of a medical examination, your car accident lawyer should have prepared you to decline those questions appropriately.
You Can Bring Documentation of Your Medical History
You are permitted to bring records and documentation to the IME. Your car accident lawyer coordinates this to make sure the IME doctor has your complete and accurate medical history rather than an incomplete picture that could support inaccurate conclusions.
How Insurance Companies Use IME Results Against Car Accident Victims
Understanding why carriers request IMEs is as important as understanding your rights during one. The IME is rarely requested to confirm your injuries. It is almost always requested to challenge them.
Disputing the Severity of Your Injuries
IME doctors frequently produce reports concluding that injuries are less severe than your treating physician has documented. This gives the carrier ammunition to argue that your damages are overstated and that a lower settlement is appropriate. A car accident lawyer anticipates this tactic and builds the medical record to counter it before the IME report is even submitted.
Claiming You Have Reached Full Recovery
A common IME finding is that the injured person has reached maximum medical improvement earlier than their own doctor believes. If the IME doctor concludes your recovery is complete, the carrier uses that finding to cut off settlement calculations for future medical treatment and ongoing pain and suffering. A car accident lawyer works with your treating physician to document your true recovery status and challenge premature maximum medical improvement findings.
Arguing the Injuries Are Not Related to the Crash
Another common IME tactic is arguing that your injuries are pre-existing conditions unrelated to the car accident. A car accident lawyer builds the medical record and timeline to counter this argument before the IME even takes place.
Using Your Own Words Against You
IME doctors often ask detailed questions about your symptoms, your daily activities, and your limitations. What you say during the examination becomes part of the record. Inconsistencies between what you say at the IME and what appears in your medical records can be used to attack your credibility. This is why meeting with your car accident lawyer before the IME is not optional, it is essential.
A car accident lawyer at McDougal Law Firm prepares every client for the IME by reviewing exactly what to say, what not to say, and how to describe symptoms accurately and consistently with the medical record.
What Happens if an IME Report Contradicts Your Treating Doctor?
When an IME report conflicts with your treating physician’s findings, it does not automatically decide the outcome of your case. A car accident lawyer knows how to fight back effectively. Conflicting medical opinions are a common feature of car accident litigation in South Carolina.
A car accident lawyer challenges a biased IME report by presenting the treating physician’s records and testimony, obtaining opinions from independent medical experts, highlighting the financial relationship between the IME doctor and the insurance carrier, and cross-examining the IME doctor about the volume of examinations they conduct for insurance carriers.
The frequency with which some IME doctors are retained by the same carriers is itself powerful impeachment evidence. A car accident lawyer uses this pattern to show the jury or adjuster that the examination was not genuinely independent.
Why You Should Speak With a Car Accident Lawyer Before Attending Any IME
Whether you are in the pre-litigation stage or already in a lawsuit, you should never attend an independent medical examination without first speaking with a car accident lawyer. The examination is designed to serve the defense’s interests. Going in unprepared can produce findings that significantly reduce what you recover.
At McDougal Law Firm, our car accident lawyers represent injured drivers throughout Beaufort and across South Carolina. We prepare clients for every stage of the claims process, including the IME, so they are never caught off guard by the defense’s tactics. Learn more about how we handle car accident cases on our Beaufort car accident lawyer page.
Contact McDougal Law Firm for a free consultation. Available 24 hours a day, seven days a week.
Frequently Asked Questions About IMEs in South Carolina Car Accident Cases
Can the insurance company force me to attend an IME before I file a lawsuit? No. Before a lawsuit is filed, the carrier has no legal authority to compel your attendance at an IME. They can request one, and refusing may complicate settlement negotiations, but you cannot be legally forced to attend before litigation begins. A car accident lawyer advises you on whether attending is in your strategic interest given your specific case.
Who pays for the independent medical examination? The party requesting the IME pays for it. In most South Carolina car accident cases that means the at-fault driver’s insurance carrier covers the cost. You do not pay for the examination but you also have no relationship with the doctor conducting it. The doctor works for the party that hired them. Your car accident lawyer makes sure this financial relationship is documented and available to challenge the doctor’s credibility if necessary.
Can I bring someone with me to the IME? The question of who may attend an IME is one your car accident lawyer addresses directly with opposing counsel before the examination takes place. In many cases a representative can observe the examination. Your lawyer coordinates this to ensure the examination is conducted properly.
What should I say during an IME? Answer questions honestly and accurately. Describe your symptoms as they actually are, including good days and bad days. Do not minimize your injuries but do not exaggerate either. Stick to the medical facts and do not discuss the legal details of your case. Your car accident lawyer prepares you in detail before the examination so you know exactly how to handle every type of question.
What if the IME doctor says I am fine but I am still in pain? An IME report is one piece of evidence, not the final word. Your treating physician’s records and opinion carry significant weight in South Carolina car accident cases. A car accident lawyer challenges the IME findings by presenting your complete medical history, your treating doctor’s testimony, and by exposing the financial relationship between the IME doctor and the carrier. Conflicting medical opinions are resolved by judges and juries, not by IME reports alone.
How does having a car accident lawyer help with the IME process? A car accident lawyer prepares you before the examination, coordinates observation where appropriate, reviews the IME report for inaccuracies and bias, retains expert witnesses to counter unfavorable findings, and cross-examines the IME doctor if your case proceeds to trial. Going through the IME process without a lawyer leaves you exposed to tactics designed to minimize your recovery.
Speak With a Beaufort Car Accident Lawyer Before Your IME
An independent medical examination is not a routine formality. It is a defense tactic, and going in unprepared can cost you. The car accident lawyers at McDougal Law Firm represent injured drivers throughout Beaufort and across South Carolina. We prepare every client for the IME process so the defense cannot use it against you.
Contact us today for a free consultation — available 24 hours a day, seven days a week.
