Independent Medical Exams for Tampa Auto Accidents: Consult Your Lawyer for Guidance

Being injured in a Tampa automobile accident typically means you will have to go to multiple doctors and appointments where you will be diagnosed and treated for your injuries. These appointments may take you to specialists throughout the area, from Tampa to Clearwater and St Petersburg to Temple Terrace. Going to a bunch of doctors is no picnic, but you may be surprised to learn that you could be forced to go to another appointment you had not planned on. This appointment is called an independent medical exam or IME.

An independent medical exam can be required by your Personal Injury Protection (PIP) insurance carrier as well as the at-fault driver's insurance company. In Florida, regardless of who is at fault, your own PIP insurance is required to pay the first $10,000 in medical expenses and lost wages. That's what makes Florida a “No-Fault” State. But your PIP carrier is allowed by law to send you to a medical provider to confirm that you need the medical treatment that they are paying for.

Similarly, when you are injured by another driver's negligence, you can make a claim against that driver's insurance policy. If the at-fault driver's insurance carrier doesn't provide what you believe is an adequate settlement offer, you can choose to file a lawsuit. Under Florida law, once a lawsuit is filed, the at-fault party has a right to demand that you be examined for the injuries that you are claiming. If you are claiming several different types of injuries, the at-fault party may be able to send you to several different types of doctors. For example, if you are claiming broken bones, neurological problems, and mental health issues as a result of your auto accident, you can be required to attend independent medical exams (IME) given by an orthopedic surgeon, neurologist, and psychiatrist.

Why do these insurance companies want you to attend these Independent Medical Exams? Your PIP carrier might use the findings of the IME to cut off a particular type of treatment you are receiving or your treatment altogether. The IME doctor may say, for example, that the injury was not caused by the auto accident, that this particular type of medical treatment is not going to help the condition, or that you are making a false claim for a particular injury.

After a lawsuit is filed, the IME doctors that are hired by the at fault driver's attorney or insurance company will usually be retained to testify in court about their opinion of your injuries. At trial, these independent medical examiners may say that the auto accident did not cause your injuries, that your medical treatment was not necessary, that your medical bills were not reasonable, or that you no longer have any problems as a result of the auto accident.

As you can see, these examinations are not “independent” at all since the examiners were hired for the sole purpose of potentially refuting some or all of your claims, thus saving the insurance company and/or at-fault party money that you deserve. In fact, the law no longer allows these examiners to be called “independent” in court since it would suggest something that simply is not true.

Assuming you have hired a Tampa auto accidents lawyer to handle insurance claims for your injuries, your lawyer can offer valuable advice about how to handle your independent medical exam. Examples of the advice your lawyer may provide include:

• Before your appointment, ask your auto accidents lawyer what you should do if the doctor wants to perform tests or scans on you. You may be allowed to refuse them.
• Go to your independent medical exam appointment and be early. If you do not go to your exam, you could put your injury settlement and future medical care in jeopardy.
• Answer questions truthfully and concisely. There is no need to elaborate. You do not want to accidentally make an off-hand remark that leads the doctor to disbelieve your injuries.
• Understand that the doctor has been hired to be biased against the existence of your injuries. Keep this in mind when you answer the doctor's questions.
• Be prepared before you go to the appointment. You will be asked about your medical history, former injuries, your current symptoms, treatments you are receiving, and how your injuries cause you pain, discomfort, and disability.
• Make sure you fully understand the doctor's questions before you answer them. Feel free to ask the doctor to explain questions you do not understand.
• Go to your own doctor within a few days of your independent medical exam. This will provide another opinion of your condition at the time of your independent exam, and this second opinion could give you an advantage in court.

Of course, keep your lawyer informed throughout the process and do not be afraid to ask questions. Your Tampa auto accidents lawyer should be able to guide you through this inconvenient, but mandatory, medical appointment.

If you do not have a lawyer to assist you with your automobile accident claim in the Tampa Bay area, contact Dale Appell, P.A. for a free initial consultation.