Sooner or later, almost every injury claim in New York produces a letter scheduling you for an “IME.” If you’re wondering what is an IME, why the insurance company gets to choose the doctor, and whether one exam can hurt your case, you’re asking the right questions. Attorney Yakov Mushiyev explains how independent medical exams work in New York no-fault claims and lawsuits, and what you can do to protect yourself.
What is an IME?
IME stands for independent medical examination. It’s a medical exam of an injured person by a doctor selected and paid by the other side: the insurance company or the defense. The doctor doesn’t treat you. Their job is to give an opinion about your injuries, what caused them, whether you still need care, and whether you can work.
The word “independent” is misleading. An IME doctor is hired by the party paying the claim, and the report is written for that party. That doesn’t mean every IME report is unfair, but it does mean you should treat the exam as part of the case, not as a regular doctor’s visit.
The three IMEs you may face in New York
1. No-fault IMEs
After a car accident, your no-fault insurer pays medical bills and part of lost wages, and the policy lets the insurer require medical exams by doctors it selects as often as it may reasonably require. Missing a scheduled no-fault IME can give the insurer grounds to deny benefits, and an IME doctor’s finding that you’ve recovered is a common reason benefits get cut off. Our guide on no-fault IMEs and benefit cutoffs covers this in detail, and our no-fault claims guide explains the bigger picture. Disputed no-fault benefits can be challenged, including through arbitration under Insurance Law § 5106.
2. Litigation IMEs (CPLR 3121)
Once a lawsuit is filed and your physical condition is in controversy, CPLR 3121 lets the defense serve notice requiring you to submit to an examination by a designated physician. The notice must set a time at least 20 days after service and state the conditions and scope of the exam. Under CPLR 3121(b), a copy of the doctor’s detailed written report must be exchanged.
3. Pre-suit exams in claims against a municipality
If your claim is against a city, county or other municipality, a 50-h hearing may include a physical examination by the municipality’s physician. Workers’ compensation cases have their own exam rules; see our work injury page.
What happens at an IME exam
- Paperwork and history. Expect questions about the accident, your symptoms, prior injuries and treatment.
- Physical testing. Range of motion, strength, reflexes and specific tests for the injured body part.
- Records review. The doctor often reviews records and imaging sent by the insurer.
- Observation. How you walk in, sit down and get dressed may end up in the report.
IME exams are often much shorter than a visit with your own doctor. Many clients are surprised by how quickly they’re over.
How an IME report can affect your case
In a no-fault claim, an IME report saying you’ve recovered can end payment for treatment or lost wages. In a lawsuit, defense IME reports are often used to argue that your injury doesn’t meet New York’s “serious injury” threshold in Insurance Law § 5102(d), or that it was caused by an old condition rather than the accident. That’s why your own treating doctors’ records, imaging and measured findings matter so much; see our guides on back and neck injuries and fracture claims.
Ten ways to protect yourself at an IME
- Tell your lawyer the moment an IME is scheduled.
- Arrive on time with photo ID. Missing an exam can cost you benefits.
- Be honest and consistent with what you’ve told your own doctors.
- Don’t exaggerate, and don’t downplay. Describe a bad day and a good day accurately.
- Disclose prior injuries to the same body part. The doctor probably has the records.
- Answer medical questions; you don’t need to debate fault or the accident in detail.
- Stop a test if it causes real pain, and say so.
- Note the time the exam started and ended, and which tests were done.
- Write down what happened as soon as you leave, while it’s fresh.
- Keep up with your own treatment. An injury diary helps show the full picture.
In litigation IMEs, New York courts have generally allowed injured people to bring an attorney or other representative, as long as they don’t interfere with the exam. Ask your lawyer what makes sense for your exam.
What if the IME report is wrong?
A negative IME report is not the end of a case. Your treating doctors can respond with their own findings, imaging can contradict the IME doctor’s conclusions, and the IME doctor can be cross-examined about how long the exam took and what was actually tested. In no-fault cases, a benefit cutoff based on an IME can be challenged. Timelines matter: most injury lawsuits must be filed within three years under CPLR § 214, and no-fault disputes have their own procedures.
Frequently asked questions
Do I have to go to an IME?
In most cases, yes. In no-fault claims, failing to attend can lead to a denial of benefits. In a lawsuit, the defense is generally entitled to an exam under CPLR 3121. Talk to your lawyer before rescheduling or skipping one.
Who pays for the IME exam?
The insurance company or defense that requested it. You shouldn’t receive a bill for an IME.
Is the IME doctor my doctor?
No. The IME doctor doesn’t treat you and isn’t your physician. Keep seeing your own doctors.
Can I get a copy of the IME report?
In a lawsuit, CPLR 3121(b) requires the report to be exchanged. In no-fault claims, your attorney can request it. Your lawyer will review it with your doctors.
What is an IME doctor looking for?
Objective findings that support or undercut your claimed injuries, signs of prior conditions, and whether your treatment is still medically necessary.
Visit Yakov Mushiyev & Associates
Our office is at 1 Cross Island Plaza, Suite 325, Rosedale, NY 11422, just off the Cross Island Parkway on the Queens–Nassau border. If you can’t come to us, we’ll come to you: at home, in the hospital or by video.
Talk to a lawyer about your IME today
Yakov Mushiyev & Associates has recovered over $80 million for injured New Yorkers across the five boroughs and Nassau County. Consultations are free, available in English, Russian and Spanish, and there is no fee unless we win.
Call 718.775.3110 or contact us online for a free case review.
This article is general information, not legal advice. Every case is different. Attorney Advertising.