Definition
An independent medical examination (IME) is a medical evaluation requested by a defendant or their insurer under California Code of Civil Procedure Section 2032.020 to obtain an independent assessment of the plaintiff's injuries.
In California Rear-End Collision Cases
IMEs in rear-end collision cases are typically conducted by physicians retained by the defense insurer. The examining physician may be biased toward minimizing injury findings. The plaintiff has the right to have their attorney present during the examination, to audio-record the examination, and to obtain the examining physician's report. IME opinions are subject to cross-examination at trial, and California courts have excluded unreliable IME opinions.
California Law Context
California rear-end collision law applies this concept within the framework of Vehicle Code Section 21703's rebuttable presumption of fault, the eggshell plaintiff rule, pure comparative fault from Li v. Yellow Cab Co. (1975), the two-year statute of limitations under CCP Section 335.1, and uncapped economic and non-economic damages.
Frequently Asked Questions
What is Independent Medical Examination (IME) in California rear-end collision law?
An independent medical examination (IME) is a medical evaluation requested by a defendant or their insurer under California Code of Civil Procedure Section 2032.020 to obtain an independent assessment of the plaintiff's injuries.
How does Independent Medical Examination (IME) affect a California rear-end collision claim?
IMEs in rear-end collision cases are typically conducted by physicians retained by the defense insurer. The examining physician may be biased toward minimizing injury findings. The plaintiff has the right to have their attorney present during the examination, to audio-record the examination, and to obtain the examining physician's report. IME opinions are subject to cross-examination at trial, and California courts have excluded unreliable IME opinions.
How does this interact with California's pure comparative fault system?
Independent Medical Examination (IME) interacts with California's pure comparative fault system from Li v. Yellow Cab Co. (1975) in rear-end collision cases. Even when Independent Medical Examination (IME) reduces or complicates the plaintiff's claim, California's pure comparative fault allows recovery so long as the plaintiff was not 100% at fault. Recovery is reduced proportionally by any plaintiff fault, but the Independent Medical Examination (IME) principle generally operates to preserve the plaintiff's right to recover.