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What It Is, and What the Name Obscures
At some point in a contested injury claim, the defense will arrange for a physician of its choosing to examine you. In Florida practice this is commonly called a compulsory medical examination; in insurance correspondence it is usually called an independent medical examination, or IME.
The examination is a normal part of litigation, and being asked to attend is not a sign anything has gone wrong. But the word independent describes who is not paying for it, not who is. The examiner is selected by the defense, paid by the defense, and produces a report for the defense. Understanding that is not cynicism — it is the accurate frame for the day.
It is also worth separating from something different: an examination your own insurer may require in connection with PIP benefits under Fla. Stat. § 627.736. That is a first-party obligation under your own policy, arising earlier and for a different purpose.
What the Examiner Is Looking For
The report will address a small number of questions, and knowing them explains everything about how the examination is conducted.
| Question | Why it is asked |
|---|---|
| Causation | Whether the injuries came from this crash or from something else — a prior injury, a degenerative condition, an intervening event. |
| Permanency | Whether the injury is permanent, which in a Florida auto case bears on the threshold in Fla. Stat. § 627.737. |
| Reasonableness of treatment | Whether the care received was necessary and related, which bears on what medical damages are recoverable. |
| Future care | Whether anything further is needed — the question that matters most in a catastrophic claim. |
What Actually Happens
The examination itself is usually shorter than people expect — frequently well under an hour, sometimes much less. Most of the file review happens before you arrive, from records already produced.
- You will be asked how the crash happened, and about your medical history. Both answers end up in the report.
- There will be a physical examination appropriate to the injuries claimed.
- Observation starts before the examination room. How you move in the parking lot and the waiting area may appear in the report.
- Surveillance sometimes accompanies these examinations. That is lawful in public places.
- You may be asked to fill in forms. Read them; they are part of the record.
What You Can and Cannot Control
The rules governing these examinations — scope, notice, who may attend, and what must be produced afterward — come from the Florida Rules of Civil Procedure and from the court’s own orders in the case. They are not the same in every case, and they are not the same for a first-party PIP examination as for a compulsory examination in litigation.
Because of that, the useful answer is not a list of rights but a single instruction: ask your lawyer what applies in your case, before the appointment. Whether someone may accompany you, whether the examination may be recorded, and what the examiner may and may not do are all questions with case-specific answers.
What is universally true: the examination is not treatment. The examiner is not your physician, is not there to help you, and will not be managing your care afterward.
How to Approach the Day
- Speak to your lawyer first. Scope, attendance, and recording are case-specific and are settled before the appointment, not at it.
- Be accurate about history, including prior injuries. The records are already in front of the examiner. An omission reads as evasion; an accurate account does not.
- Describe your limits honestly — neither minimized nor exaggerated. Both directions damage credibility, and credibility is what the report is really assessing.
- Do not perform. Do what you can do. Trying to demonstrate either strength or weakness is the most common way people harm their own case.
- Note the time. How long the examination lasted is a fair and often relevant fact.
- Keep treating with your own doctors. The examination changes nothing about your care.
Frequently Asked Questions
Do I have to attend an independent medical examination?
Is the examining doctor really independent?
Can someone come with me?
Is this the same as the exam my own insurer asked for?
Shiner Law Group, P.A.
Founded by David I. Shiner, Esq. · AV Preeminent® rated · Florida Bar member since 2002
Shiner Law Group was founded by David I. Shiner, Esq., a Nova Southeastern University law graduate, a member of The Florida Bar since 2002, and AV Preeminent® rated by Martindale-Hubbell. The firm represents injured people across Florida from offices in Boca Raton, West Palm Beach, Fort Lauderdale, Fort Pierce, Orlando, Wellington, and Belle Glade, and handles truck accident cases on contingency: free consultations, and no fee unless there is a recovery.
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