What Is an IME?
An Independent Medical Examination (IME) is a medical evaluation requested by an insurance carrier — No-Fault, or liability — and performed by a physician of the carrier's choosing. The purpose of the IME, from the carrier's perspective, is to obtain a medical opinion that minimizes or eliminates their obligation to pay benefits or damages.
The word "independent" is somewhat misleading: IME physicians are typically paid a significant fee by the insurance carrier, perform dozens or hundreds of IMEs per year for carriers, and have professional relationships with the carrier's legal team. This is not to say all IMEs are dishonest — but the financial relationship between IME physicians and carriers is well-documented and is routinely explored in cross-examination at trial.
Your Rights During an IME
In New York, you have the right to have your attorney or a representative present during the IME. You must attend the IME when validly requested — failure to appear can result in suspension of No-Fault benefits or No-Fault payments. However, you are not required to submit to any physical examination procedure that causes pain or that your physician has directed you to avoid for medical reasons.
You should bring a list of all treating physicians, all medications, and all diagnoses to the IME. You should not volunteer information beyond what is directly asked. If you are uncertain how to answer a question, it is acceptable to say "I don't know" or "I can't remember." Do not speculate or estimate.
How Your MAIC Records Protect You Against IME Denial
The single most effective protection against IME-based claim denial is a comprehensive, objective clinical record from your treating physicians. IME physicians frequently argue that injuries are pre-existing, exaggerated, or not causally related to the accident. A treating physician's record that includes objective range of motion measurements, MRI findings with specific level and severity documentation, NCV/EMG study results, and functional outcome data is extremely difficult to dismiss with a one-time examination.
MAIC's clinical records are specifically structured to counter the most common IME arguments — including the pre-existing degeneration defense, the delayed treatment argument, and the inconsistency argument. If your No-Fault or No-Fault benefits are cut off after an IME, MAIC's treating physicians can provide documentation support for your appeal or arbitration. Call (888) 991-5290 to discuss your situation.