A letter shows up saying the insurance company wants you examined by their doctor. They call it an independent medical examination. There’s a date, a time, an address across town, and a tone that makes it sound like you don’t have a choice.
Start with this. The word independent is doing a lot of work in that sentence. That physician is selected and paid by the insurance company. Walk in believing they’re a neutral second opinion and you’ll say things you regret.
What this exam is really for
It’s not treatment. Nobody at that appointment is going to help your neck. The purpose is to produce a written report the insurer can use to argue your injuries are less serious than you say, that they came from something other than the crash, or that you’re already done healing.
You’ll usually see one of a few conclusions. You’ve reached maximum medical improvement, so no more treatment should be paid. Your imaging shows degeneration, so blame age instead of the wreck. Your complaints don’t match the objective findings, which is a polite way of calling you a liar.
That report then becomes the justification for the lowball offer they throw at you.
Do you have to go?
Depends entirely on who’s asking and where your case stands. If the request comes from your own insurer, your policy may include an examination requirement, and ignoring it can create problems with your own coverage. If you’ve filed a lawsuit, a court can order a physical or mental examination under the rules of civil procedure when your condition is genuinely in dispute, and that order comes with limits on scope.
If it’s just the other driver’s insurer asking during a pre-suit claim, you’re in a different position. Don’t assume you’re required to go, and don’t assume you can just ignore it either. Get advice on your specific situation before that date arrives.
How to handle the appointment
Show up on time and be polite
The exam starts in the parking lot. Assume you may be observed walking in, sitting in the waiting room, and getting out of your car. Don’t exaggerate anything, and don’t tough it out either. Just be exactly who you are.
Be accurate, not dramatic
Describe your pain honestly. Where it is, what makes it worse, what you can’t do anymore. Don’t inflate it. Don’t minimize it because you were raised not to complain. Both hurt you, and inconsistency between what you tell this doctor and what’s in your treatment records is exactly what they’re looking for.
Don’t guess and don’t editorialize
Answer the question asked. If you don’t remember, say so. Don’t speculate about diagnoses, don’t argue about fault, and don’t volunteer opinions about the insurance company. Everything gets written down.
Disclose your history
They already have your records. If you had a prior back injury, say so. Hiding it turns a manageable issue into a credibility problem you can’t fix later.
Stop when the exam hurts
If a movement causes pain, say so and stop. You’re not obligated to push through range of motion testing to prove you’re a good sport.
Protect yourself before and after
Write down the details while they’re fresh: when you arrived, how long the doctor was actually in the room, what tests were performed, and what you were asked. These exams are often much shorter than the resulting report suggests, and a five minute encounter that produces a ten page opinion is worth noting.
Bring someone with you if you can. Ask for a copy of the report when it’s issued.
Then keep doing what actually builds your case. Go to your real appointments with your real doctors. Your treating physicians have seen you over time, and their records carry weight that a one-visit exam does not. That consistent record is what drives what your case is worth, and it’s the best answer to an unfavorable report.
Keep the deadline in view too. Texas generally gives you two years from the crash date to file suit for personal injury under Tex. Civ. Prac. & Rem. Code 16.003, and disputes over exams and reports can eat months. See our page on dealing with insurance adjusters for the bigger picture.
We’re here to help you walk in prepared instead of blindsided.
Frequently asked questions
Is an independent medical examination actually independent?
The examining physician is selected and paid by the insurance company, and the purpose of the exam is to generate a report for the insurer, not to treat you. Treat it as an evaluation conducted on the insurer’s behalf rather than a neutral second opinion.
Do I have to attend an insurance company medical exam in Texas?
It depends on who is requesting it and the stage of your case. Your own policy may require you to submit to an examination, and once a lawsuit is filed a court can order an examination when your physical or mental condition is in controversy. A pre-suit request from the other driver’s insurer stands on different footing, so get advice about your specific situation.
What should I do if the exam report is wrong?
Request a copy of the report and compare it against your own notes and your treating providers’ records. Inconsistencies between a brief examination and a long treatment history can be challenged, and your treating physicians’ opinions remain evidence in your case.
This is general information, not legal advice.
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