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If you were hurt in a car accident in Massachusetts, the insurance company may ask you to attend an “Independent Medical Exam,” or IME. This can sound routine, but it is important to understand what an IME is, who is really behind it, and what your rights are. In this FAQ, our best car accident attorney, Chris DiBella, breaks down everything you need to know.
Quick Facts: What Is an IME?
- An IME (Independent Medical Exam) is a medical evaluation of your injuries performed by a doctor chosen by the insurance company, not your chosen doctor
- Despite the word “independent,” the doctor is paid by the insurance company and may be more likely to minimize your injuries
- The results of an IME can be used to challenge the severity of your injury and reduce or deny your claim
Why Does the Insurance Company Request an IME?
Insurance companies request IMEs for a few reasons. The primary reason you will be asked to get an IME is so the insurance adjuster can get a second opinion on your injuries. Often, the goal of the second opinion is to say you are not as hurt as your own doctors say.
In your case, all parties will want to establish which of your injuries are pre-existing and which ones are caused by the accident. There is often an attempt to recommend that you do not need further medical treatment.
Is an IME Required in Massachusetts?
In Massachusetts, the requirement for a claimant to undergo an Independent Medical Examination (IME) is strictly codified under the “No-Fault” insurance statutes.
If you are pursuing a third-party claim against the at-fault driver, the other driver’s insurance company may also request an IME as part of litigation. The requirement is usually governed by the Standard Massachusetts Automobile Insurance Policy and the Massachusetts Rules of Civil Procedure if a lawsuit has been filed.
| Claim Type | Consequence of Refusal | Statutory Basis |
|---|---|---|
| PIP Benefits | Denial of Claim: The insurer can legally refuse to pay any further medical bills or lost wages. | "Noncooperation of an injured party shall be a defense to the insurer in any suit for benefits authorized by this section..." |
| Third-Party Claim | Dismissal/Barred Recovery: Failure to attend may constitute a breach of the insurance contract, potentially barring the claim entirely. | Standard Policy Cooperation Clause |
| Litigation | Sanctions: If a court orders an exam under Rule 35 and the claimant refuses, the court can strike pleadings, stay proceedings, or dismiss the case. | Mass. R. Civ. P. 37(b) |
What Are Your Rights at an IME?
- You have the right to bring someone with you (such as a family member or your own attorney)
- You can ask for a copy of the IME report
- You can have your own doctor respond to the IME report’s findings
- You do not have to answer questions that go beyond the physical exam itself
| Feature | Right or Restriction? | Legal Basis |
|---|---|---|
| Attorney Presence | Generally allowed as an observer. | Customary Practice / Rule 35 |
| Audio Recording | Requires mutual agreement or Court Order. | Case Law / Judicial Discretion |
| Video Recording | Rarely granted; requires "Good Cause." | Case Law |
| Physician Report | Mandatory if requested by the claimant. | M.G.L. c. 90, § 34M / Rule 35(b) |
| Invasive Testing | Limited to what is "reasonably required." | M.G.L. c. 90, § 34M |
If you intend to record, always provide advance written notice. Recording in secret can violate Massachusetts wiretapping laws because an IME is often considered a private conversation, in which the doctor has an expectation of privacy.
What Should You Do Before an IME?
Before attending an IME, tell your own doctor about the IME and get their notes on your current condition. Bring documentation of all your injuries and treatments. If you have been keeping a pain journal, bring that too. Do not minimize your pain or symptoms; be accurate and thorough.
Ideally, contact and retain a reputable personal injury attorney before attending an IME.
What Happens After an IME?
How DiBella Law Handles IME Challenges
When you are a client of DiBella Law, we prepare you for an IME. We will gather all medical records and work with independent medical experts needed to counter a biased report by the IME doctor. We do not let insurance companies use a biased exam to shortchange our clients. Not a client of DiBella Law yet? Call 855-342-3552 or contact us online anytime for a free case evaluation.