Independent medical examiners are professional doctors who are expected to deliver professional reports to both insurers and accident victims. However, you cannot discount the fact that an IME may give a bad report of your injuries. After all, these people have routine dealings with insurance companies, and they may be tempted to give 'favorable' reports in order to maintain their relationships with the insurers. Here are some measures you can take if you suspect that an IME report is inaccurate:
Scrutinize the Report
The first step would be to get a copy of the report and scrutinize it thoroughly. There is no way you can claim that a report is biased, inaccurate or bad without evaluating it. If an adjuster wants to discuss the report, tell him to wait until you have its complete copy.
Highlight the Exact Areas You Are Disputing
If possible, highlight sections of the report you are disputing. It is a good idea to have reasonable grounds for the dispute. For example, if something differs markedly from what your doctor reported, then you can point this out to the adjuster. If you don't have any specific issues to discuss, but you suspect that something is amiss, then you can contrast the time and manner of tests carried out by your doctor versus that of the IME.
Consider a situation in which your physician spent a long time examining and diagnosing your injuries and the IME only took a few minutes to dismiss them. This may be a basis for proving that the IME could not have unearthed the extent and nature of your injuries, due to the brief time he or she spent with you.
Get Your Doctor to Counteract It
In extreme cases, you may have to enlist the support of your doctor. Of course, you will have to pay for this service. Therefore, it only makes sense if you are certain of the reports inaccuracies or if you suspect that the doctor's word is going to have a substantial impact on the negotiation. For example, it might be a good move to make once you have confirmed that the IME has a lengthy relationship with your insurer and has been involved in bad faith reports in the past.
There are cases where the medical report has a great influence on the outcome of a case. For example, an IME report would be a big deal if it reveals that your injuries are temporary while your doctor has certified them as permanent. In such a case, you can't afford not to dispute the report if you suspect that it's not accurate. If you need a lawyer to help you in this case, visit Walz Law Office.