#3 Do I have to go to the Independent Medical Exam (IME)?

QUESTION: Do I have to go to the Independent Medical Exam, IME?​

ANSWER: Refusing to attend an Independent Medical Exam (IME) is a breach of your Personal Injury Protection (PIP) agreement, which will result in the insurance company stopping payment for your medical treatments. To preserve your PIP benefits, it’s generally advised to go to the IME. Consulting with a personal injury attorney can help you determine if attending the IME is in your and your claims best interest and if it will protect your benefits.

Do I have to go to the Independent Medical Exam, IME?

The insurance company cannot force you to go to the IME.

However, if you refuse to go to the appointment you’re in breach of the contract that’s providing your Personal Injury Protection (PIP) benefit, which is paying for your medical bills.

If the PIP adjuster orders an IME and you decide not to go, the insurance company will stop paying for any future medical treatment.

Generally speaking, when our client is requested to go to an IME, we do recommend that they follow through and keep the appointment.

That said, it is important to keep in mind that each case is different. Before advising a client on whether they should or shouldn’t go to the IME, we investigate the unique facts of their case. If we do end up recommending that our client keep the IME appointment, we understand that their benefits may be discontinued because that is the reason the insurance company is requiring it in the first place — it’s the protocol they use to justify stopping the payment of your treatment.

On the other hand, if we advise our client not to go to the IME, the insurance company will most certainly stop their PIP coverage and their medical bills will no longer get paid.

So, why do we generally advise our clients to go to the IME?

First, if our client complies with what the adjuster is requiring and attends the IME, we will be in the best possible position to negotiate with the PIP carrier and advocate on our client’s behalf that the insurance company pays for the treatment that our client needs.

Secondly, if our client keeps their IME appointment, about 95% of the time we’re successful in having the insurance company pay our client’s medical bills.

Third, when the insurance company stops paying our client’s medical bills after they have gone to their IME, we’re able to have our attorney fees paid by the insurance company.

Most of the time, when a lawsuit is filed in a personal injury claim, the person bringing the lawsuit isn’t able to have the other side pay for their attorney fees. However, when filing a lawsuit against the PIP carrier, we can collect attorney fees. This is one expense where the insurance company has to pay out money that they pay attention to.

What’s most important is getting the treatment you need for your injuries from the car accident so that you can have a full and speedy recovery.

To protect your PIP benefits so that you can get medical treatment and to protect your personal injury claim, talk to an experienced personal injury attorney. They will provide a no-fee, no-obligation consultation and help you determine if it’s in your best interest to attend the IME or not.

Whether you’re our client or not, we want to be a bridge of support for you.

We’ve developed a robust library of articles and videos organized into four topics which include our responses to the personal injury claim-related questions we’re asked most often.

• Top 10 Personal Injury Claim Mistakes to Avoid
• What You Need to Know About Your Claim
• How Are My Medical Bills & Wage Loss Paid
• How to Prepare for Your Independent Medical Exam

The articles provide advice and guidelines to help you navigate each phase of the personal injury claims process. Whether we represent you or not, we are passionate about helping you protect your rights, you receiving the medical care you need to recover from your injuries, and having the information you need to avoid mistakes that can harm your personal injury claim.