Five Tips on How to Challenge an Independent Medical Exam in a Virginia Car Accident Case

Doctor Performing an Independent Medical ExaminationIf you were injured in a car accident that was not your fault in Virginia, you may be entitled to compensation from the negligent driver’s insurance company. They may require you to submit to an independent medical exam (IME) and try to use the information in the report to deny your claim or pay you less money in your settlement. Here are tips on what you can do to challenge a bad IME.

What Is an Independent Medical Exam?

An IME is a medical exam performed by a doctor who the insurance company hires. The insurance adjuster could require you to submit to an exam before settling your claim. They would select the physician to examine you and would be responsible for paying the fees for the exam.

Five Tips on How to Challenge a Negative Independent Medical Exam

The doctor conducting an independent medical exam may be trying to find evidence to challenge the seriousness of your injuries and could write a report that disputes your claim for compensation. However, you can protect your rights and challenge the physician’s findings. Here are five tips on how to do this:

  • Bring someone to the exam. Have a friend or family member go to the exam with you. They can take notes on the length of the examination, questions the doctor asked, and how they conducted the exam. If there is a dispute about what was said or done at the IME, your friend or family member can be a witness for you.
  • Obtain the report. Ask the insurance adjuster for a copy of the doctor’s report and review it for errors.
  • Point out mistakes and incompleteness. You should notify the insurance adjuster of any errors in the doctor’s report. You can also discuss missing tests or how the examination was not thorough enough to challenge their findings.
  • Provide your medical records. You should be sure the insurance company has all your medical records. You can use these records to establish that the diagnostic tests and treatments you have been receiving are much more accurate than the findings of the doctor conducting the IME.
  • Get a statement from your doctor. You may want to obtain a statement from your physician or another doctor acting as an expert witness in your case to counter the IME report.

Is the insurance company asking you to submit to an independent medical exam? Did you receive a negative report from the doctor? You need the help of an experienced car accident lawyer to successfully dispute the independent medical exam. To find out how we can assist you, call our Norfolk office at 877-960-3441 or contact us online to schedule your free initial consultation.

 

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