The “IME Survival” Checklist How to Protect Your Michigan No‑Fault Benefits

IME in Michigan No-Fault Claims: How to Protect Your Benefits

After a Michigan car accident, many injured drivers receive a letter from their insurance company requiring them to attend an “independent medical examination” (IME), also called an insurance medical exam.

Despite the name, these exams are not truly independent. The insurance company selects the doctor, schedules the appointment, and pays for the evaluation. The purpose is not treatment, it is to generate a report the insurer may later use to reduce or terminate no-fault benefits such as medical care, wage loss, attendant care, or replacement services.

Under Michigan’s No-Fault Law, insurers are allowed to request these exams when your physical or mental condition is relevant to a PIP claim under MCL 500.3151. If you ignore a properly scheduled IME, the consequences can be serious, including suspension of benefits or court sanctions.

That is why preparation matters.

What an IME Really Is

An IME is not the same as visiting your treating doctor. There is no doctor-patient relationship, and the physician is not there to help you recover.

The IME doctor’s role is to evaluate:

• Whether your injuries are related to the crash
• Whether treatment is still “reasonable and necessary”
• Whether you can return to work
• Whether future care is needed

In many Michigan no-fault cases, insurers rely heavily on IME reports to justify cutting off benefits. That does not automatically mean the doctor is biased, but you should approach the exam carefully and professionally.

If you are unfamiliar with how Michigan no-fault insurance and PIP benefits work after a crash, you can learn more here.

Can the Insurance Company Stop Benefits After an IME?

Yes.

After the exam, the insurer may argue that:

• Your injuries have healed
• Your condition is unrelated to the accident
• Ongoing treatment is unnecessary
• You are capable of working again

Once that happens, the insurer may stop paying medical bills, wage loss, attendant care, or other benefits.

However, an IME report is not the final word. Many denials are challenged successfully through litigation, especially especially in disputed first-party PIP claims.

The IME Doctor Must Meet Legal Requirements

One issue many people overlook is that Michigan law places limits on who can perform these exams.

Under MCL 500.3151(2), the examining physician generally must:

• Be properly licensed
• Match the specialty of your treating physician
• Hold the same board certification if your treating doctor is board certified
• Spend most of their professional time actively practicing medicine or teaching in that specialty

These rules were strengthened during Michigan’s 2019 no-fault reforms to reduce the use of career “expert witnesses” who rarely treat patients.

If the IME doctor does not meet the legal requirements, your attorney may be able to challenge the doctor’s opinions in court.

Do You Have to Attend the IME?

In most cases, yes.

If your condition is relevant to your PIP claim, refusing to attend without a valid reason can seriously damage your case. The insurance company may suspend benefits, and a court could impose additional penalties.

That does not mean insurers can schedule unreasonable exams. If the appointment is too far away, improperly timed, or assigned to the wrong specialist, your lawyer may be able to object or request changes.

Never simply skip the appointment without speaking to counsel first.

What Should You Bring?

You usually do not need to bring full medical records, MRI films, or treatment files unless your attorney specifically tells you otherwise.

The insurer already has the ability to obtain those records directly.

In most situations, bring:

• A photo ID
• The IME appointment letter
• A short medication list
• Notes regarding major prior injuries if advised by your lawyer

It is also smart to document travel mileage and appointment timing.

What to Expect During the Exam

Most IMEs are surprisingly short. Some last less than 15 minutes.

The doctor will usually ask questions about:

• How the crash occurred
• Your symptoms
• Prior injuries or medical conditions
• Your work duties
• Daily activities and physical limitations

The physical portion may include:

• Range-of-motion testing
• Strength testing
• Reflex checks
• Neurological screening

Some IME doctors also look for perceived inconsistencies in pain responses or physical effort. Because of that, consistency and honesty are extremely important.

How to Handle Questions During an IME

The best protection you have is credibility.

Keep your answers truthful, concise, and accurate. Avoid exaggerating symptoms, but do not minimize them either.

If your pain changes day to day, explain that clearly. Many legitimate injuries fluctuate.

For example:

“I have better days and worse days. Today is manageable, but prolonged sitting usually increases the pain.”

When discussing prior injuries, be honest. Trying to hide older conditions can damage your credibility later. Instead, explain how your condition changed after the crash.

A strong answer is often something like:

“I had occasional back pain before the accident, but I worked full-time and didn’t need treatment. After the crash, the pain became constant and began interfering with daily activities.”

Avoid arguing with the doctor or volunteering unnecessary information. This is not the place to debate fault or discuss your lawsuit strategy.

Can You Record an IME in Michigan?

This area of law is complicated.

Michigan is generally considered a one-party consent state for recordings, but courts sometimes restrict recording during medical examinations, especially neuropsychological evaluations.

Whether recording is appropriate depends on:

• The type of exam
• Existing court orders
• Professional testing protocols
• The specific facts of your case

Before attempting to record an IME, discuss it with your attorney. Secret recordings can sometimes create more legal problems than they solve.

Red Flags During an IME

Certain warning signs appear frequently in disputed no-fault cases.

Pay attention if:

• The doctor barely examines you
• The appointment lasts only a few minutes despite serious injuries
• The examiner seems unfamiliar with your condition
• The focus stays mostly on prior injuries rather than current symptoms
• You feel pressured to say you are “fine”
• The doctor ignores obvious pain or limitations

These issues do not automatically invalidate the IME, but they can become important later if your benefits are denied.

After the appointment, write down:

• Arrival and departure times
• Tests performed
• Questions asked
• Any unusual behavior or comments

That information may help your attorney later.

Your Right to the IME Report

Under MCL 500.3152, you have the right to request a copy of the IME report.

The report usually discusses:

• Diagnosis
• Causation
• Work restrictions
• Future treatment recommendations
• Whether care remains “reasonable and necessary”

If your benefits are later reduced or terminated, this report is often the insurer’s main justification, as part of a denied no-fault benefits dispute.

Your attorney should request the report immediately after the exam.

What to Do if Your Benefits Are Cut Off

If you receive a denial or termination letter after the IME, act quickly.

Do not assume the insurance company is correct.

Michigan no-fault claims are subject to important deadlines, including the one-year-back rule under MCL 500.3145. Waiting too long can reduce the benefits you are able to recover.

Gather the following documents:

• IME notice
• IME report
• Denial letters
• Recent medical records
• Outstanding bills

Continue treatment if possible. Michigan no-fault insurance may still cover allowable medical expenses depending on the circumstances of your claim. Gaps in medical care can hurt both your health and your legal claim.

An experienced Michigan no-fault attorney may be able to:

• File a lawsuit for unpaid PIP benefits
• Challenge the IME doctor’s qualifications
• Obtain opinions from treating physicians
• Cross-examine the IME doctor under oath
• Fight the insurance company’s conclusions in court

Quick IME Survival Checklist

Before the Exam

• Read the appointment notice carefully
• Send the notice to your lawyer immediately
• Confirm the doctor’s specialty matches your treating physician
• Review your symptoms and treatment history
• Arrange transportation

During the Exam

• Arrive early
• Be polite and professional
• Answer honestly and briefly
• Do not exaggerate symptoms
• Avoid discussing legal strategy
• Do not sign documents you do not understand

After the Exam

• Write down what happened
• Tell your lawyer about any concerns
• Request the IME report
• Forward any denial letters immediately

When You Should Call a Lawyer

You should strongly consider speaking with a Michigan car accident lawyer if:

• You have an upcoming IME involving serious injuries
• Your benefits were reduced after an exam
• The IME doctor was in the wrong specialty
• The report misrepresented your symptoms
• Wage loss or medical benefits were terminated

Insurance companies regularly use IMEs to challenge medical treatment, wage-loss claims, and other no-fault benefits after a Michigan car accident. The best way to protect yourself is to understand the process, prepare carefully, and act quickly if the insurance company questions your condition or cuts off payments.

If your insurer scheduled an IME or stopped paying for medical care, wage-loss benefits, or attendant care after an examination, understanding your rights under Michigan’s no-fault law can make a significant difference in your case.