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Michigan; In an Uninsured Motorist Claim, the insurance company has requested their insured to see an IME Doctor ,

Warren, MI |

After seeing the IME Doctor, what could happen next with the claim ?

The claimant already has 4 Top Doctors that specialize in their type of injuries (Very well documented) That have stated surjury may not help all of the injuries that the claimant has since the accident, after seeing the IME Doctor (only 1 , that is allowed) , what could happen next with the claim?

Attorney Answers 7

  1. They are trying to verify the injuries incurred and their ramifications. I would suggest engaging an attorney for a few hours to discuss the case, it's value and to review the proposed documents.

    To the PROSPECTIVE client, please call myself or another attorney for your choice with more detaiils and an appointment. My PRELIMINARY answer to your question(s) is for general purposes and based upon what little information you have conveyed. It is based on such limited information that the general answer should never be relied as a reason for your action or inaction. My response does NOT establish an attorney-client relationship and such may only be established by mutual agreement, and the signing of a written retainer agreement, which will generally require payment for our services, as this is what we do for a living and, just like you, we must get paid for our work.. .

  2. I would encourage to seek local counsel. In California these IME really defense medical exams are common. They are ostensibly used to evaluate injuries and damage claims of a claimant, more often than not they are biased. It is my general practice not to allow a client to attend an IME without me or someone else present. Depending upon the seriousness of the case and injuries I have hired medical personnel to attend and observe.

    If the claimant is hurt, he or she, I would strongly recommend that they retain counsel before attending any IME.

    Good Luck

    The information provided is for general informational purposes only and is not intended to be legal advice. I am only licensed in the State of California and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.

  3. Never handle a UM claim without a local personal injury lawyer, as it won't end well...

  4. You see a doctor your insurance carrier selects who likely will say you are not injured or not very injured thereby minimizing the value of your claim. You know you are hurt but their doctor says differently. Now what? I guess you can just accept their evaluation and if they offer you some money --offer you money that you paid for when you purchased this additional insurance--you simply accept it and move on.
    That does not sound very good to me. How about you?
    You need to hire your own lawyer to protect your interest. Your lawyer will challenge any negative report from their doctor and in the end you will be in position to get what you paid for and more money than you can get on your own. Look they like to call it an IME--an independent medical examination. There is nothing independent about it. They are picking someone they know and pretty much know what the report will say.

    If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.

  5. If the claimant has four top notch doctors, I would not worry about an IME. They are just trying to verify injuries. The claimant needs to hire a personal injury lawyer. Good Luck!

  6. Even though Gerald and John are correct, I tend to take a darker view. Michigan has no bad faith laws to protect against abuse and claims adjusters routinely use the same doctors over and over again as a way of cutting off no fault insurance benefits. Here is a blog I wrote that has more information on how IMEs are used:

  7. This is something to be worried about. Most IME are done to claim that the claimant is cured or its in their head. I would be very cautious. They do not need an IME to "verify" injuries if there is already 4 top notch doctors that they can rely on. Usually the IME is their "@#$@" to discredit the claimant.