Short answer: It depends entirely on which kind of exam it is, and people routinely confuse the two. If it is requested under your own policy, in a UM, underinsured, or medical payments claim, your policy’s cooperation clause probably does require you to attend. If it is the other side’s exam in a lawsuit, they need a court order, and that order can be conditioned. Either way, the doctor is not treating you and is not neutral.
The name is the first misleading thing about it. These are commonly called independent medical examinations, but the examining physician is selected and paid by the party opposing your claim.
Two Different Situations, Two Different Rules
1. An exam under your own policy
Standard auto policies obligate a person seeking coverage to submit to physical exams by physicians the insurer selects, as often as the insurer reasonably requires, and the insurer pays for them. No judge is involved. There is no good cause showing and none of the court rule protections apply automatically.
This matters most in uninsured and underinsured motorist claims, where your own insurer is the one paying and therefore the one whose interests run against yours.
Refusing outright is risky, because the insurer will argue you breached a condition of the policy. Courts generally require the breach to be material, and many require the insurer to show it was actually prejudiced, but that is a fight you do not want. The better approach is to attend and negotiate the conditions in advance rather than to refuse.
2. A court ordered exam in a lawsuit
Once suit is filed, the defense must move the court. Two things must be shown in all three states: your physical or mental condition is genuinely in controversy, and there is good cause for the exam.
- Georgia: O.C.G.A. 9-11-35. The order must specify the time, place, manner, conditions, and scope of the exam and who performs it. Georgia limits the examiner to a physician, or a physician or licensed psychologist for a mental exam.
- Tennessee: Tenn. R. Civ. P. 35.01, which expressly requires a motion for good cause shown.
- Mississippi: Miss. R. Civ. P. 35, adopted only in 2003. It carries two protections the other two lack: you cannot be made to travel an unreasonable distance, and the requesting party must pay the examiner and advance your necessary expenses.
The words manner and conditions in each of those rules are the ones that matter. They are the authority a judge uses to limit the exam, and conditions have to be requested before the exam, not complained about afterward.
What the Exam Is Actually For
To generate an opinion that reduces the value of your claim. Common conclusions: your injuries are less severe than your treating doctors say, they were caused by something other than the crash, you had a preexisting condition, you have already reached maximum medical improvement, or your reported symptoms are inconsistent.
Understand the incentive structure. These physicians frequently derive a substantial part of their income from examinations arranged by insurers and defense firms, and how often they examine for one side, and what they concluded, is a legitimate subject for cross examination.
How to Handle It
- Tell your lawyer immediately when a request or notice arrives. Conditions must be negotiated or ordered in advance.
- Be on time and be polite. Adverse observations about your demeanor end up in the report.
- Answer honestly and completely, but do not volunteer. Answer what is asked.
- Do not minimize and do not exaggerate. Describe a normal day accurately, including what you can still do. Overstating gets contradicted by surveillance; understating gets used against you too.
- Describe every symptom, not just the worst one. Anything omitted becomes unrelated later.
- Note the details. How long the exam lasted, what was actually tested, whether the doctor read your records. A ten minute exam producing a twenty page report is worth pointing out.
- Write down what happened the same day, while it is fresh.
- Do not discuss fault, other claims, or your lawyer. None of that is medical.
Can Someone Come With You, or Record It?
This is genuinely unsettled in Georgia, Tennessee, and Mississippi. No controlling appellate decision in any of the three resolves whether an examinee may bring an observer or record the exam. Because each rule lets the court set the manner and conditions, it is a matter of trial court discretion, and courts have been most receptive where there is a specific reason: a minor, a person who does not speak English fluently, or a disability affecting communication.
Do not record secretly. Beyond the credibility damage, Georgia separately restricts recording or observing in a private place without consent, and an exam room plausibly qualifies. Ask for the condition in advance and get it in the order.
Getting the Report, and One Trap
In all three states you can request a copy of the examiner’s detailed written report, including test results, diagnoses, and conclusions. There is a price attached that is easy to miss.
By requesting and obtaining the report, or by deposing the examiner, you waive medical privilege as to every other provider who has examined or may later examine you for the same condition, in that action and in any other action involving the same controversy. In most injury cases the privilege is already waived by putting your condition at issue, so this is usually a non event, but it should be a deliberate decision.
For an exam under your own policy, the insurer generally has no obligation to give you the report at all. Ask for it in writing as a condition of attending, or you may never see it.
Talk With Howe.Law
If an insurance company has scheduled you for an examination, talk to a lawyer before you go. Howe.Law represents injured people in Georgia, Tennessee, and Mississippi. Consultations are free and there is no fee unless we recover for you. Call (844) 876-4357 or request a free case review.
Frequently Asked Questions
Is the IME doctor really independent?
No. The physician is selected and paid by the party opposing your claim, and many derive significant income from insurer and defense referrals. That relationship is a proper subject of cross examination.
What happens if I refuse to go?
It depends which exam it is. Refusing an exam required by your own policy risks a coverage denial for breach of a cooperation condition. Refusing a court ordered exam risks sanctions, which can include barring your own medical evidence or dismissal. Neither is a fight worth having; negotiate conditions instead.
Can I bring someone with me to the exam?
It is unsettled in Georgia, Tennessee, and Mississippi, and no controlling appellate decision resolves it. Because each rule allows the court to set the manner and conditions of the exam, your lawyer can ask for an observer in advance, and courts are most receptive where there is a specific reason such as a minor or a language barrier.
Will I get a copy of the report?
In litigation, yes on request under each state’s rule, though requesting it waives medical privilege as to other providers who examined you for the same condition. For an exam under your own policy, the insurer generally has no duty to provide it unless you make that a condition of attending.
How long does an IME usually take?
Often surprisingly short, sometimes ten to twenty minutes, even when the resulting report is lengthy. Note the actual duration and what was tested, because a brief exam supporting sweeping conclusions is worth highlighting.
