If you have been injured in a Nevada car accident or personal injury case and an insurance company requests that you attend an “Independent Medical Examination” (IME), you should understand that this examination is rarely truly independent — it is typically a defense tool designed to minimize or dispute your injury claim. An experienced Las Vegas personal injury attorney at Marathon Law Group prepares clients for the IME process and works to counter unfavorable IME reports.
What Is an IME and When Does It Happen?
An Independent Medical Examination is a medical examination conducted by a physician selected (and paid) by the insurance company or defense team. IMEs typically occur in two contexts: during the claims process, when the insurer invokes a policy right to have the claimant examined before paying ongoing benefits; and in litigation, when the defendant exercises their right under Nevada civil procedure rules (NRCP 35) to have the plaintiff examined by the defendant’s chosen physician. In first-party insurance contexts (your own insurer in a UM/UIM or MedPay dispute), the IME may be a policy condition you agreed to when purchasing coverage.
Why “Independent” Is a Misnomer
IME physicians are selected, referred, and paid by the defense side — typically insurance companies or their retained law firms. Research has consistently shown that IME physicians are disproportionately likely to reach conclusions favorable to the party who retained them. IME physicians who routinely conclude that claimants are fully recovered, that symptoms are exaggerated, or that pre-existing conditions explain the claimant’s complaints receive ongoing referrals; those who issue unfavorable reports receive fewer referrals. This creates a structural incentive for IME physicians to minimize injury severity. “Defense medical examination” is a more accurate description.
How to Behave at an IME
If you are required to attend an IME, arrive on time, be truthful, and do not minimize or exaggerate your symptoms. Tell the examining physician everything that hurts and all the activities you can no longer perform because of your injury — this is not the time to appear stoic or to avoid “complaining.” Many claimants underreport symptoms at IMEs because they feel uncomfortable, which harms their cases. Keep an accurate record of everything: the questions asked, the physical movements the physician asked you to perform, how long the examination lasted (IMEs are often shockingly brief — sometimes under 10 minutes), and any statements made by the physician. Do not allow the IME physician to videotape or record the examination without your attorney’s approval.
Countering an Unfavorable IME Report
When an IME physician issues a report that is inconsistent with your treating physicians’ findings, your attorney can challenge it in several ways: cross-examining the IME physician about their financial relationship with the referring insurer and the number of times they have testified for plaintiffs vs. defendants; presenting the opposing testimony of your treating physicians who have examined you repeatedly over the course of your treatment; challenging the brevity and methodology of the examination; and retaining your own independent medical expert to review the IME report and provide a rebuttal opinion. In jury trials, the contrast between an IME physician who examined you once for 10 minutes and a treating physician who has cared for you over months tends to favor the treating physician’s credibility.
Contact Marathon Law Group to Prepare for Your Nevada IME
If you have been scheduled for an IME, do not go in unprepared. Marathon Law Group thoroughly prepares clients for IME examinations and aggressively counters unfavorable reports. Call (702) 522-1808 for guidance before your IME appointment.