If you have been asked to attend an independent medical examination after a Connecticut car accident, preparation starts before the appointment. Review the notice carefully, be ready to describe your injuries and treatment accurately, and know what you are expected to bring. The rules for the examination depend on who requested it and whether a lawsuit has been filed.
At DeFronzo & Petroskey, P.C., Waterbury car accident attorney Dan Petroskey can review the notice with you, explain what to expect, and help you prepare for the appointment. He can answer questions about what the notice requires and identify issues that should be addressed before the examination.
This guide explains what an IME is, why one can be requested, how to prepare, and what happens after the report is completed. Call DeFronzo & Petroskey at (203) 756-7408 to discuss an IME notice or upcoming examination with our Waterbury, CT personal injury attorneys.
What Is an Independent Medical Examination in a Connecticut Car Accident Case?
An independent medical examination is a medical evaluation performed for an insurance claim or lawsuit rather than for treatment. Your treating physician provides medical care, while the IME examiner evaluates the claimed condition for purposes of the insurance claim or lawsuit.
The legal basis for the request matters. The table below distinguishes an examination requested under an auto insurance policy from one requested under the court’s discovery rules.
| Factor | Exam Under Your Own Auto Policy | Litigation Exam Under Practice Book § 13-11(b) |
|---|---|---|
| What controls the exam | Your policy terms and applicable insurance law | Connecticut Practice Book § 13-11 |
| Who requests it | Your own insurer if the policy permits the request | Any party adverse to the plaintiff |
| Who pays the exam fee | Depends on the policy and claim terms | The requesting party |
| Objections | Rights depend on the policy and applicable law | Objections to the terms of the request must be filed within 10 days after the request is filed. A plaintiff can separately object in writing to the proposed physician |
| Exam details | Review the insurer’s notice and policy requirements | The request must identify the time, place, manner, conditions, scope, and examiner |
| Examiner’s report | Policy and claim procedures control | The examined party can request the report under § 13-11(d); requesting and obtaining it can trigger disclosure and privilege consequences under § 13-11(d) and (e) |
A pre-suit request from the other driver’s insurer is different from both situations shown in the table and should be reviewed separately.
Why Would My Connecticut Car Accident Case Need an IME?
An IME can be requested to evaluate medical issues in a car accident claim, especially when there is a dispute about the cause or extent of an injury or the treatment related to the crash. The examination can also address physical restrictions, future recovery, or prior medical conditions.
A preexisting condition can make the cause of an injury more disputed. For example, if you received back treatment before a rear-end crash and now claim a lumbar injury, the examiner can evaluate whether the collision caused a new injury or aggravated the earlier condition.
When Can an IME Be Requested?
There is no fixed point in a Connecticut car accident claim when an IME must occur. If the request comes from your own insurer, timing depends on the policy and the claim.
In a Connecticut Superior Court personal injury lawsuit, Practice Book § 13-11(b) allows a party adverse to the plaintiff to file and serve a request for a physical or mental examination. A written objection to the terms of the request must be filed within 10 days after the request is filed. This statewide procedure also applies to personal injury cases filed in the judicial district of Waterbury.
Who Pays for the Independent Medical Exam?
For an examination requested under Practice Book § 13-11(b), the requesting party pays the examination expense. For an examination requested under a medical payments or uninsured/underinsured motorist (UM/UIM) policy provision, review the policy’s examination and expense terms. If a lawsuit against your insurer is pending, determine whether the request invokes the policy, the court’s discovery rules, or both.
If you receive an invoice after a litigation-related medical examination, send it to your attorney rather than treating it as an ordinary medical bill. DeFronzo & Petroskey, P.C. can review the request and charge, determine who is responsible for the exam expense, and address the billing issue with the requesting party.
Who Selects the Doctor for My Connecticut IME?
In a personal injury lawsuit, the adverse party identifies the proposed examiner in the Practice Book § 13-11(b) request. Connecticut law provides that a plaintiff cannot be compelled to undergo a physical examination by a physician to whom the plaintiff has objected in writing to the court. This is a protection concerning the particular physician, not a blanket exemption from medical examinations.
DeFronzo & Petroskey, P.C. can review concerns about a proposed physician and determine whether the examination request raises issues that should be addressed before the appointment.
What Should I Bring to My Independent Medical Exam Appointment?
Bring what the examination notice requires and, if you are represented, follow your attorney’s instructions. Practice Book § 13-11(b) requires a litigation request to describe the manner, conditions, and scope of the examination, so review the written request before the appointment.
Useful items can include:
- Photo identification and the appointment notice.
- An assistive device you use, such as a brace or cane, when relevant to the condition being examined.
- A medication list if the notice requests it or you need it to answer medical history questions accurately.
- Medical records or imaging only when the notice requests them or your attorney tells you to bring them.
Before the appointment, review your treatment history, medications, prior injuries, and current limitations so you can describe them accurately. Ask an attorney whether a written timeline would help you prepare and which materials you should bring to the examination.
Arrive with enough time to check in and wear clothing that allows the requested physical testing. Read any unexpected releases, authorizations, or documents carefully before signing them. If you are unsure about a requested record, form, or authorization, DeFronzo & Petroskey, P.C. can review it before the appointment and explain what the notice requires.
How Should I Answer the IME Doctor’s Questions?
Answer honestly, respond to the question asked, and do not guess about dates or details you cannot remember. Be accurate about prior injuries, treatment, and related claims. Your statements can later be compared with your medical records and, in a filed case, deposition testimony, so accuracy and consistency matter.
When describing your symptoms, avoid exaggerating or downplaying them. If your condition changes during the day or from one day to another, explain that clearly and use specific examples. A concrete limitation, such as being unable to carry a laundry basket up the stairs, can communicate your physical limitations more clearly than simply saying the pain is severe.
Keep your answers focused on the medical issues identified in the examination request, including relevant history, symptoms, and effects on your daily activities. Describe how the collision occurred without speculating about legal fault or discussing settlement strategy. Discuss concerns about the examination’s scope with your attorney beforehand. If an unexpected issue arises during the appointment, ask the examiner to clarify the request and contact your attorney promptly.
Car Accident Attorney in Waterbury – DeFronzo & Petroskey, P.C.
Dan Petroskey, Esq.
Dan Petroskey has built his career representing plaintiffs in personal injury matters, including motor vehicle collisions, premises liability incidents, and dog bite cases. A Connecticut native, he earned his undergraduate degree from Colby College and his Juris Doctor from Albany Law School before being admitted to the Connecticut bar in 2004. Dan helps carry forward DeFronzo & Petroskey, P.C.’s more than 60-year history of serving individuals and families in the Waterbury community with attentive, client-focused representation.
Dan has been recognized by Best Lawyers and selected to the Super Lawyers list from 2023 through 2026. He is an active member of the Connecticut Bar Association and has held leadership roles with the Waterbury Bar Association. He has also served as chair of the board of the Rivera Memorial Foundation, a Waterbury nonprofit that provides programs and services for local youth and families.
What Happens After the IME Report Is Completed?
The examiner’s conclusions can affect settlement discussions or the defense’s position in litigation, especially when they conflict with your treatment records or your treating providers’ opinions. An unfavorable report does not decide the claim by itself and can be weighed against treating records, other medical opinions, and the rest of the evidence.
Requesting the report in a lawsuit can trigger additional disclosure. After the report is delivered, § 13-11(d) allows the party that arranged the examination to request reports from other examinations of the same condition. Under § 13-11(e), requesting and obtaining the report of a court-ordered examination, or taking the examiner’s deposition, waives any applicable privilege concerning testimony from others who have examined or later examine the same condition. That waiver applies in the current action and other actions involving the same controversy.
Before a litigation report is requested, Attorney Dan Petroskey can review the disclosure and privilege consequences that may follow. If the report is obtained, he can identify disputed findings that need to be addressed during settlement discussions or litigation.
Can I Refuse an Independent Medical Examination in Connecticut?
The answer depends on who requested the examination and the legal basis for the request. R.C.S.A. § 38a-334-8(b)(1)(C) allows policies covering medical payments or uninsured or underinsured motorist benefits to require an injured person to submit to physical examinations and provide medical information. If your own policy contains that condition, refusing an examination required by the policy can create a coverage dispute and affect the benefits you are seeking.
In a filed personal injury lawsuit, a plaintiff who objects to the terms of a § 13-11(b) examination request must file a written objection within 10 days after the request is filed. An objection to the proposed physician is separately permitted in writing. If the plaintiff does not submit to the examination and no authorized written objection has been filed, the requesting party can seek relief under § 13-14. The court can enter a proportionate order, including an order of compliance, costs, limits on evidence, or nonsuit.
If the crash also leads to a workers’ compensation claim, that claim follows a separate examination rule. Under Conn. Gen. Stat. § 31-294f, an injured employee who is claiming or receiving workers’ compensation must submit to a reasonable examination requested by the employer or directed by an administrative law judge. The employer selects the physician from the approved list and pays for the examination. Refusing a reasonable examination suspends the employee’s right to workers’ compensation during the refusal.
Key Takeaway: Before agreeing to, objecting to, or declining an IME, review the request with your attorney and identify its legal basis. Address deadlines, scheduling conflicts, and concerns about the physician or examination scope promptly.
Legal Guidance for IMEs in Waterbury Car Accident Claims
An IME can raise different issues before the appointment and after the report is issued, from the terms of the examination request to the examiner’s conclusions. Those issues should be considered as part of the broader car accident claim, including where the case stands in settlement negotiations or litigation.
Attorney Dan Petroskey represents clients in car accident, truck accident, and other injury claims throughout Waterbury and New Haven County, including cases filed in the Superior Court for the Judicial District of Waterbury. When an IME becomes part of a claim, DeFronzo & Petroskey, P.C. can address the related communications and procedural issues as part of the overall car accident case.
Call DeFronzo & Petroskey, P.C. at (203) 756-7408 for a consultation. Our office is located at 255 Bank St # 2b, Waterbury, CT 06702, and serves clients throughout Waterbury and New Haven County.
Frequently Asked Questions
How long does an IME appointment take?
Connecticut Practice Book § 13-11 does not set a specific length for an IME. The appointment time depends on the condition being examined and any testing included within the scope of the examination.
Will my IME results be shared with my own doctor?
Not automatically. Connecticut Practice Book § 13-11 does not require the examiner to send the report directly to your treating physician. An examination requested under your own auto policy follows the applicable policy terms and insurance rules.
Can I bring someone with me to my Connecticut IME?
A support person can go with you for transportation or support, but do not assume that person can enter the examination room. For a litigation exam, the conditions stated in the request apply unless they are properly challenged. An examination under your own policy follows the applicable policy terms and insurance law.
Does an IME replace my regular medical treatment?
No. An IME evaluates your condition for purposes of the claim and does not replace ongoing care from your treating providers.
What if the IME doctor disagrees with my treating physician?
A disagreement does not decide the claim by itself. The IME opinion can be weighed against your treating providers’ opinions and other evidence during settlement discussions or litigation.
Can I request a copy of the IME report?
If the examination was conducted under § 13-11, you can request the report. Requesting and obtaining it can trigger reciprocal disclosure and privilege consequences under § 13-11(d) and (e). If you need help with an IME scheduling issue, call DeFronzo & Petroskey at (203) 756-7408. An examination requested under your own auto policy follows the policy terms and applicable insurance law.
Is an IME the same as a deposition?
No. A deposition is sworn testimony taken for the case, while an IME is a medical evaluation.
What if I cannot attend the scheduled IME date?
If you cannot attend, do not simply miss the appointment. Contact your attorney promptly so rescheduling can be addressed with the requesting party. If you need help with an IME scheduling issue, call DeFronzo & Petroskey at (203) 756-7408. A missed litigation examination can create a discovery issue, while missing an examination required by your own policy can raise an issue under the policy’s examination requirement.
