How to Challenge an Independent Medical Exam in a South Carolina Car Crash Case

A serious car crash in South Carolina can turn your life upside down in a matter of seconds. Beyond the immediate shock and pain, you are suddenly faced with a mountain of medical bills, the stress of a damaged vehicle, and the inability to work and earn a living. As you navigate the difficult process of recovery and pursue a personal injury claim, you will likely encounter a request from the at-fault driver’s insurance company: an “Independent Medical Exam,” or IME.

The name itself sounds reasonable, even objective. However, it is important to know that this examination is rarely independent. It is a tool used by insurance companies in an attempt to gather information that could devalue or deny your claim. The physician performing the IME is chosen and paid by the insurer, and their goal is often to find reasons to question the severity of your injuries, their connection to the crash, or the necessity of your medical treatment. Knowing your rights and how to prepare for and challenge this compulsory medical examination is a key part of protecting your claim.

What is an Independent Medical Exam (IME)?

In a South Carolina car crash case, an Independent Medical Exam (or what is more accurately called a Defense Medical Examination or DME) is a medical evaluation of an injured person (the plaintiff) conducted by a physician selected by the at-fault party’s insurance company or their defense attorneys.

The stated purpose of an IME is to provide an “objective” second opinion on your medical condition following the accident. The defense will argue it is necessary to verify the injuries you have claimed. However, the practical reality is that the insurance company is looking for a medical opinion that serves its interests—namely, paying out as little as possible.

The physician conducting the IME is not your treating physician. There is no doctor-patient relationship, and nothing you say is confidential. Everything you discuss, every movement you make, and every observation the doctor notes will be detailed in a formal report sent directly to the insurance company and its lawyers. This report can have a significant impact on settlement negotiations and, if your case proceeds to trial, can be used as evidence against you.

Why Do Insurance Companies Request an IME?

An insurance company’s primary motivation for requesting an IME is to find a medical basis to challenge your injury claim. Their chosen physician will be looking for specific information that can be used to:

• Dispute the Cause of Your Injuries: The IME doctor may suggest that your injuries were not caused by the car accident but are the result of a pre-existing condition, a degenerative disease, or a subsequent injury.
• Question the Severity of Your Injuries: The report might conclude that your injuries are not as severe as you and your treating physicians claim they are. The doctor may downplay your pain or state that you are exaggerating your symptoms.
• Challenge the Necessity of Your Medical Treatment: The examiner could state that the medical care you have received—such as physical therapy, chiropractic adjustments, or surgical procedures—was excessive or unnecessary.
• Claim You Have Reached “Maximum Medical Improvement” (MMI): The IME physician may declare that you have fully recovered or that no further medical treatment will improve your condition. This is a strategy to cut off your right to compensation for future medical expenses.
• Provide a Low Impairment Rating: If your injury results in a permanent impairment, the defense doctor will often assign a much lower impairment rating than your own doctor, directly reducing the potential value of your claim for non-economic damages like pain and suffering.

Ultimately, the IME is a strategic step in the litigation process designed to give the defense leverage during settlement talks and a competing medical narrative to present to a jury if your case goes to court.

Your Rights and Obligations Regarding an IME in South Carolina

When a lawsuit is filed in South Carolina, the South Carolina Rules of Civil Procedure govern the process. Rule 35 allows the defense to request a physical or mental examination of the plaintiff when their condition is a central part of the case. Because you are claiming you were physically injured in the crash, your medical condition is directly at issue.

This means you generally cannot refuse to attend an IME if it is properly requested. Refusing to comply could lead to serious consequences, including the court dismissing your injury claim altogether.

However, this does not mean you have no rights. You have the right to:

• Receive Proper Notice: The defense must provide you with reasonable notice of the time, place, manner, conditions, and scope of the examination, as well as the identity of the physician who will perform it.
• Object to the Chosen Physician: If the selected doctor has a known reputation for being biased towards insurance companies or is not qualified to evaluate your specific injuries, your attorney can file an objection with the court and request a different examiner.
• Limit the Scope of the Examination: The exam must be limited to the injuries and conditions you have claimed in your lawsuit. The defense cannot use the IME as a fishing expedition to inquire about unrelated medical history.
• Have an Observer Present: South Carolina law may permit your attorney or a third-party observer (like a registered nurse or paralegal) to be present during the examination to ensure the doctor acts appropriately and to document everything that occurs.
• Receive a Copy of the Report: Your attorney has the right to receive a complete copy of the IME report generated by the defense’s physician. This allows your legal team to prepare a strategy to counter its findings.

Navigating these rights is complex. An experienced car accident attorney can ensure the IME is conducted fairly and that your interests are protected throughout the process.

How to Prepare for Your Independent Medical Exam

Preparation is essential for a successful IME. Your actions and words during this examination will be scrutinized. Here are some key steps to take before your appointment:

• Review Your Medical History: Sit down with your attorney and go over your complete medical history related to the accident. Be prepared to discuss the sequence of events, the symptoms you experienced, and the treatments you have received. Consistency is vital.
• Anticipate the Questions: The IME doctor will ask detailed questions about the accident, your injuries, your pain levels, and how your life has been affected. They will also likely ask about any prior injuries or pre-existing conditions. Practice answering these questions truthfully and concisely.
• Do Not Volunteer Information: Answer only the questions that are asked. Do not offer extra details or speculate on matters you are unsure about. Be polite and cooperative, but do not engage in casual conversation.
• Be Honest and Consistent: Never exaggerate or lie about your symptoms. The IME doctor is trained to spot inconsistencies and signs of malingering. Any dishonesty can severely damage your credibility. Your description of your injuries and limitations should be consistent with what you have told your own doctors and what is documented in your medical records.
• Arrive on Time and Observe Everything: Arrive for your appointment on time. From the moment you enter the parking lot until the moment you leave, assume you are being watched. Pay attention to how long you wait, the duration of the actual physical examination, and the specific tests the doctor performs.

Your attorney will provide detailed guidance tailored to your specific case, ensuring you are fully prepared for what to expect.

What Happens During the IME?

The structure of an IME typically involves two main parts: a verbal interview and a physical examination.

The Verbal Interview

The doctor will begin by asking you a series of questions. This may include:

• How the car accident happened.
• What symptoms you experienced immediately after the crash.
• A detailed history of your medical treatment since the accident.
• Your current pain levels and physical limitations.
• How your injuries affect your daily activities, work, and hobbies.
• Your past medical history, including any previous injuries to the same body parts.

The Physical Examination

The physical portion of the exam may involve:

• Measuring your range of motion.
• Testing your muscle strength and reflexes.
• Observing your gait and how you move (e.g., sitting, standing, walking).
• Performing specific orthopedic or neurological tests relevant to your claimed injuries.

Throughout the entire process, the doctor will be making observations about your appearance, behavior, and apparent level of discomfort. These subjective observations will be included in their final report.

Common Tactics Used by IME Doctors

It is important to be aware of certain tactics that some IME physicians may use to undermine a claimant’s case. These doctors often perform hundreds of these exams a year for insurance companies and are skilled at finding information that benefits the defense.

• Mischaracterizing Your Statements: The doctor might twist your words or take them out of context in the report. For example, if you say you are “doing a little better,” the report might state that you are “significantly improved.”
• Ignoring Subjective Complaints of Pain: The physician may heavily favor “objective” findings (like what is visible on an X-ray) while dismissing your subjective complaints of pain, even though pain is a primary component of your suffering.
• Using Non-Medical Observations: The report may include notes about you not appearing to be in distress in the waiting room or that you were able to fill out paperwork without difficulty. This is why you must assume you are being observed at all times.
• Performing a Rushed or Incomplete Exam: Some doctors may conduct a very brief physical examination but then write a lengthy, detailed report suggesting a thorough evaluation was performed. Documenting the actual time spent on the exam is important.
• Focusing Heavily on Pre-existing Conditions: The doctor will likely probe deeply into your past medical history to find any prior issue they can blame for your current pain, even if that condition was asymptomatic before the car crash.

Being aware of these potential tactics can help you stay focused and cautious during the examination.

How to Challenge a Negative IME Report

If the IME report is unfavorable, as it often is, it is not the end of your case. A skilled personal injury attorney has several methods for challenging the findings and mitigating the damage to your claim.

Deposition of the IME Doctor: Your attorney can take a formal deposition of the IME physician. During this sworn testimony, your lawyer can cross-examine the doctor on their findings, methods, and potential biases. This can reveal weaknesses in their report, such as:

• The doctor’s financial relationship with insurance companies (i.e., how much they earn from performing IMEs).
• The limited time they spent reviewing your medical records or examining you.
• Contradictions between their findings and the objective evidence in your medical records.
• Reliance on facts that are not supported by evidence.

Rebuttal from Your Treating Physician: Your own doctor, who has a long-term understanding of your condition, can provide a rebuttal report or testimony. They can point out flaws in the IME doctor’s analysis and reaffirm their own medical opinion regarding the cause and severity of your injuries.

Highlighting Inconsistencies: Your attorney will meticulously compare the IME report with your extensive medical records, witness statements, and deposition testimony to find inconsistencies and inaccuracies. For example, if the IME doctor claims you have a full range of motion, but your physical therapy records show consistent deficits, this can be used to discredit the report.

Filing a Motion in Limine: If the IME doctor’s opinions are based on flawed methodology or are not supported by the facts of the case, your attorney may file a motion to exclude their testimony from trial. A judge may agree that the doctor’s opinion is unreliable and should not be heard by the jury.

Securing Your Own Medical Expert: In some cases, it may be beneficial to have another, truly independent physician review all the medical evidence and provide a third opinion. This can be a powerful tool to counter a biased report from the defense’s chosen doctor.

Challenging a hostile IME report requires a deep knowledge of medical-legal principles and trial advocacy skills. It is not something an individual can or should attempt to do alone.

Contact Peake & Fowler for Help with Your Car Crash Claim

If you have been injured in a car accident in South Carolina and the insurance company is demanding an Independent Medical Exam, do not face it alone. The team at Peake & Fowler has extensive experience guiding clients through this process and fighting back against the tactics insurers use to deny fair compensation. We are here to protect your rights and help you secure the resources you need to move forward.

To discuss your situation and learn more about your legal options, contact us online or call us at 803-788-4370 for a consultation.