In Independent Medical Examinations (IME), Motor Vehicle Accident Injuries, Personal Injury Protection (PIP)

Rarely does an IME recommend additional care beyond the date of the exam. Most of the time it seems like the IME doctors aren’t really paying attention to your patients or their recovery. Often they won’t even give a explanation as to why no more treatment is needed. They simply say “not related to the collision” or ” the patient has made a full recovery,” even though your patient had no pre-existing conditions and is still in pain.

In the insurance company’s denial letter, it’s not unusual for them to say they will reconsider their denial if the treating provider writes a rebuttal letter. It can be tempting to write one because the IME report is so wrong.  If the IME doctor’s opinion was truly independent and unbiased, writing a rebuttal letter would be reasonable. Most of the time their opinions seem to be a forgone conclusion, which is why we do not recommend writing a rebuttal letter.

In 26 years of practicing personal injury law, I have only seen an IME doctor change their  opinion once based on a rebuttal letter. It’s generally a waste of time and I have seen the insurance company use the rebuttal letter against the provider if a lawsuit is filed.

What has your experience been?  Have you written rebuttal letters and what were the results?