If your car accident case involves litigation, the defense will almost certainly request an "Independent Medical Examination" (IME). Despite the word "independent," this examination is anything but neutral. Understanding what it is and how to handle it can significantly protect your case.
What Is an IME?
An IME is a medical examination conducted by a doctor chosen and paid by the defense (the at-fault driver's insurance company or their attorney). It is authorized by California Code of Civil Procedure § 2032.220.
The ostensible purpose is to provide an objective second opinion on your injuries and treatment. The practical purpose is to generate a medical report minimizing your injuries, questioning causation, and undermining your treating doctors' opinions.
"Independent" is misleading. IME doctors are typically well-paid professional witnesses who examine plaintiffs repeatedly for the same insurance companies and defense firms. Studies consistently show IME doctors find less injury and impairment than treating physicians. They are not your doctor — they are the defense's expert.
Your Obligations
Once a lawsuit is filed, you generally must submit to one IME per condition at issue. California law entitles the defense to:
- One physical examination by a physician of their choosing
- Examinations in the same specialties as your treating physicians
- Mental examination if your emotional distress is "in controversy"
The examination must be conducted by a licensed physician, at a reasonable time and location, and you do not have to answer questions beyond your current medical condition related to the case.
What Typically Happens at an IME
- Medical history intake: The doctor reviews your records and asks about prior injuries, treatment, and current symptoms
- Physical examination: Typically brief (15–45 minutes) compared to treatment visits. Range of motion testing, strength testing, reflex testing, and provocative tests
- Written report: The doctor produces a report for the defense, typically concluding that your injuries are less severe than claimed, that treatment was excessive, or that symptoms are unrelated to the accident
Your Rights During an IME
- You have the right to have your attorney present in many jurisdictions (California courts have split on this — ask your attorney)
- You have the right to have the examination audio-recorded — California CCP § 2032.530 allows this
- You do not have to answer questions about unrelated prior medical history
- The doctor cannot perform invasive procedures without your consent
- You are entitled to a copy of the written report
Always audio-record your IME (with proper notice as required). IME doctors sometimes misrepresent what was said or examined in their reports. A recording protects you against these discrepancies.
How to Prepare for an IME
- Review your accident history and symptoms with your attorney beforehand
- Arrive on time, sober, and professionally dressed
- Answer questions honestly and accurately — do not exaggerate or minimize
- Describe your symptoms at their worst, not just your best days
- Do not perform activities beyond your actual capacity during testing
- Note the doctor's name, specialty, and any unusual questions or procedures afterward
Countering a Damaging IME Report
Your attorney has several tools to combat an unfavorable IME:
- Cross-examine the IME doctor about how many times they've been paid by the same insurer
- Use your own treating physicians' opinions to contradict the IME findings
- Highlight the brevity of the examination vs. your extensive treatment history
- Retain your own independent expert to rebut the IME report
- Present the audio recording to expose discrepancies
Attorney Mark Gonzales prepares every client for IME examinations and knows how to counter unfavorable reports. Free consultation — no fee unless we win.
📞 Call 909-587-6336