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ToggleIf you or a loved one was injured in a car accident, you could be entitled to financial compensation for all the costs of treating your accident-related injuries. Since these costs start at the accident scene and continue throughout your entire recovery period, they can add up quickly. The at-fault driver’s insurer might request an independent medical exam using a doctor they choose.
A Florida car accident lawyer can describe what an independent medical examination in a car accident case is. They can also help you fight for accuracy and full coverage of your treatment plan and other recoverable damages. Car accident lawyers typically work on contingency, starting with a free review of your injury claim.
What Is the Importance of a Medical Evaluation for Car Accidents?
In a car accident claim, the at-fault driver’s insurance company is focused on its bottom line. If your medical care is costly, they may request an independent medical exam (IME). At this exam, you can expect:
- To be examined by a physician the insurance company chooses, but not treated
- To be thoroughly questioned about your car accident injuries
- To avoid downplaying or overexaggerating your injuries
Since the insurance company prioritizes its own interests, be cautious about what you say and do during the exam. Though called independent, these exams rarely are. The insurer is often looking for a reason to lower your claim value by having your injuries reassessed.
If you are represented by an attorney, they may send interrogatories ahead of the IME and take other protective measures as part of the IME process in accident claims.
How Your Lawyer Can Support You During an Independent Medical Examination
If you are represented by a Florida accident attorney, you can have them accompany you to the IME—in fact, you should. Your attorney can:
- Hire a videographer to record the details of the exam
- Request reimbursement for your IME-related travel expenses
- Note any irregularities or discrepancies during the exam process
The insurer might use the IME results to allege you were not injured, your injuries are not as severe as you claim, or otherwise discredit you. A lawyer can protect you from these allegations and their potentially harmful effect on your compensation request.
When and Why Insurance Companies Request Independent Medical Examinations
While the at-fault driver’s representative can request an IME for any reason, they usually do so if they believe your injuries are not as serious as you claim. Another reason an IME might be requested is if your medical care is—or is getting—expensive.
Your lawyer can help you compile your medical records and bills, validate your injuries, prove their cause, and protect you against an unfair or inaccurate IME.
When is an IME in Car Accident Claims Usually Requested?
The at-fault party’s insurance company (or your own insurer under certain circumstances) can ask for an IME at any point before or after your lawsuit is filed. Its goal is often to reduce the amount they will pay for your medical care. You can record the exam and add its results to your other pre-accident evidence related to your injuries, including:
- Pre- and post-accident medical records
- Medical first responder reports from the accident scene
- Results from physical exams and laboratory tests
- Rehabilitation and therapy records and bills
If the insurance carrier requests this exam and you are not represented by a lawyer, consider hiring one. Their legal support can ensure you are treated fairly, and your best interests stay at the forefront of your claim.
Will the IME Physician See Other Medical Records and Bills?
They can request your medical records and will use them as part of their medical assessment. The physician may use these records to prove you had a pre-existing medical condition or prior injuries.
Your lawyer can consult medical experts of their choosing, including:
- Subject matter specialists
- Nurses and therapists
- In-home medical support
These healthcare providers can validate your injuries, address their severity, and provide evidence of your need for future medical care to help you achieve maximum medical improvement.
Who Pays for the IME in a Car Accident Claim?
The insurance company who requests the exam should be responsible for covering its costs. Your lawyer can ensure these costs are not passed on to you. If warranted, they can also request their own IME to challenge the results of the insurer’s car accident medical evaluations findings.
Types of Recoverable Medical Expenses After a Car Accident
The person or entity whose negligence caused your accident can be compelled to cover all the costs related to your medical treatment plan, per Florida Statutes § 768.81. Depending on the extent of your injuries, these costs can include current and future:
- Emergency room fees
- Hospital admissions
- Assistive medical devices
- Treatment-related travel
- Surgical procedures
- Prescription medications
- Rehabilitation and therapy
Continue receiving all necessary medical care for your injuries. Stopping medical care before your doctor advises it can compromise your physical and financial recovery.
Additional Compensation Available for Car Accident Victims
Compensation after an auto accident includes more than the costs of treating your physical injuries. You can also request damages for the costs of any mental health care support resulting from the accident.
Additional recoverable damages can include:
- Current and future lost wages
- Loss of future earning potential
- Property damage or total loss
- Diminished property value
- Physical pain and suffering
- Mental and emotional trauma
Track these costs carefully and include their bills, receipts, etc., in your expanded evidence collection.
Legal Assistance for Car Accidents Involving Independent Medical Examinations
If you were injured in a car accident, you should understand what an independent medical examination is in a car accident case. Our lawyers can clarify its role in recovering the injury portion of your compensation claim.
Learn more about your rights and the at-fault driver’s compensation. Contact the Law Offices of Wolf & Pravato today to discuss your claim during a free initial consultation.