The Victim's VOICE

A FORUM FOR VICTIMS of HIT-AND-RUN INSURANCE COMPANIES

Monday, September 7, 2009

Independent Medical Exams

I got a letter from my insurance company that says I have to go to an Independent Medical Exam with a doctor I never heard of. I already have a doctor. Do I really need to see theirs?
The short answer: yes.
Under the No-Fault Statute, an insurance company may request someone claiming an injury from an automobile accident to be examined by a physician of its choice. Refusing to do so may jeopardize your claim. But you have some rights, too. You should know, though, that this experience isn't likely to favor you. Nor is the result apt to resemble what you might expect under other circumstances. 
That's because there's rarely anything "independent" about an Independent Medical Exam (IME) ordered by an insurance company. And here's why:
Insurance companies say they use IME physicians to get unbiased opinions about the severity of a victim's injury, the causation of that injury (whether the auto accident is responsible in any way for it), and what future medical treatment will be appropriate. And a doctor sworn to "do no harm" would give an honest and objective opinion. In theory.
But that's where the wheels come off the theoretical IME bus, because physicians who "specialize" in IMEs are paid by insurance companies to give them what they want ... not what the victim needs. And they're paid handsomely to do so -- thousands of dollars for a single exam. 
To be sure, it's a win-win ... but only for IME physicians and the insurance companies that bankroll them. Once the insurance company gets the opinion they were seeking, they use that report to deny payment to people with legitimate injuries caused from auto accidents. And it doesn't matter what that individual's treating physician has diagnosed; it doesn't matter what objective diagnostic studies show; it doesn't even matter if victims are left without medical options to regain their health. Even one dishonest or deceptive IME can trump the truth of an injury and leave victims fighting for allowable benefits ... fighting for their health and, in some cases, their life.
Unfortunately, the IME has become a successful "hit-and-run" tactic used increasingly by insurance companies at the expense of their clients.
If you think you're the victim of an IME, contact an attorney immediately to find out how you can fight back.