Key Takeaways
An IME is an evaluation by a doctor hired by the insurance company. Courts can order IMEs under Georgia's O.C.G.A. § 9-11-35 and South Carolina's Rule 35 SCRCP. Pre-litigation requests are generally voluntary. IME reports contradicting your treating physician can be challenged through cross-examination and bias exposure.
If you have been injured in an accident and filed a personal injury claim, there is a good chance the insurance company will ask you to attend an independent medical examination, commonly called an IME. Despite the name, these exams are rarely independent. They are arranged and paid for by the insurer or the defense, and the doctor conducting the exam does not work for you.
Understanding how IMEs work under Georgia and South Carolina law can make the difference between a fair settlement and one that shortchanges your recovery. According to the American Bar Association’s Tort Trial and Insurance Practice Section, defense medical examinations remain one of the most contested discovery tools in personal injury litigation nationwide.
This guide covers the legal rules governing IMEs in both states, explains what to expect during the exam, and outlines how an experienced car accident lawyer or personal injury attorney can protect your claim from a biased IME report.
What Is an Independent Medical Exam (IME)?
An independent medical examination is a physical evaluation conducted by a doctor chosen by the opposing party — typically the at-fault driver’s insurance company or, in a lawsuit, the defense attorney. The stated purpose is to get a second medical opinion about your injuries, the treatment you have received, and whether your current medical problems are actually connected to the accident.
The IME doctor reviews your medical records before the appointment, examines you during a relatively brief visit, and then writes a report. That report goes directly to the insurance company or defense counsel, not to you or your treating physician. You do not have a doctor-patient relationship with the IME examiner, and the examiner has no obligation to provide you with treatment recommendations.
IMEs come up in many types of injury claims, including truck accident cases, motorcycle crashes, workplace injuries handled through workers’ compensation, and premises liability claims like slip-and-fall injuries. The more serious your injuries and the higher the potential payout, the more likely you will face an IME request.
Why Insurance Companies Request IMEs
Insurance companies do not request IMEs because they are concerned about your health. They request them to build a case for paying you less money. The insurer’s goal is to obtain a medical opinion that contradicts or minimizes the findings of your treating doctors.
Specifically, insurers use IMEs to argue that:
- Your injuries are not as severe as your treating physician claims
- Your symptoms were caused by a pre-existing condition rather than the accident
- You have reached maximum medical improvement and no longer need treatment
- The treatment your doctor recommended is excessive or unnecessary
- The accident did not cause the specific injuries you are claiming
If the IME doctor produces a report supporting any of these positions, the insurance company uses it as leverage to reduce or deny your claim. In cases involving catastrophic injuries like traumatic brain injuries or spinal cord damage, the financial stakes are enormous, and insurers are especially aggressive about challenging the extent of your injuries through IMEs.
Are IME Doctors Truly Independent?
In most cases, no. The term “independent” is misleading and has been criticized by courts, legal scholars, and medical professionals for decades. Many plaintiff attorneys prefer the term “defense medical examination” or “compulsory medical examination” because those labels more accurately describe what is happening.
Several factors undermine the independence of IME doctors:
Financial incentive. IME doctors are paid by the insurance company, often at rates significantly higher than what they earn from treating patients. A physician who consistently produces reports favorable to injured claimants will stop receiving IME referrals. Doctors who reliably minimize injuries stay on the insurer’s preferred list.
Volume of defense work. Some IME physicians conduct hundreds of examinations per year for insurance companies. Their practice is built around defense-side medical opinions, not patient care. This creates an inherent financial motivation to produce findings the insurer wants to see.
Limited examination time. An IME typically lasts 15 to 30 minutes, compared to the ongoing relationship you have with your treating physician who has seen you multiple times, ordered imaging studies, and tracked your symptoms over weeks or months. A brief exam cannot capture the full picture of a complex injury.
Selective record review. The IME doctor receives records selected by the insurance company or defense counsel. Relevant treatment notes, imaging studies, or specialist opinions may be excluded from the materials provided.
When You Can and Cannot Refuse an IME
Your ability to refuse an IME depends on the stage of your case and the jurisdiction.
Before a lawsuit is filed: If you are negotiating a claim with an insurance company and no lawsuit has been filed, you generally have the right to decline an IME request. The insurance company cannot force you to attend. However, refusing may give the insurer grounds to delay or deny your claim, arguing it cannot evaluate your injuries without an independent examination. In practice, your attorney will weigh the strategic risks of refusing versus attending.
After a lawsuit is filed: Once litigation begins, the defense can request a court order compelling you to submit to an IME. Both Georgia and South Carolina have procedural rules that allow compulsory medical examinations under specific conditions. If the court orders the exam and you refuse, you face sanctions that can include dismissal of your case.
This distinction matters in every type of injury case, from medical malpractice claims to wrongful death lawsuits filed by surviving family members.
IME Rules in Georgia
In Georgia, independent medical examinations in civil litigation are governed by O.C.G.A. § 9-11-35, which is Georgia’s version of Federal Rule of Civil Procedure 35. The statute allows a court to order a physical or mental examination of a party whose medical condition is in controversy.
Key Requirements Under O.C.G.A. § 9-11-35
Good cause must be shown. The party requesting the IME must demonstrate good cause for the examination. Simply filing a personal injury lawsuit does not automatically entitle the defense to an IME. The defense must show that the plaintiff’s physical or mental condition is genuinely in controversy and that the examination is necessary to resolve that dispute.
Court order is required. Unlike some discovery tools, an IME in Georgia requires a court order unless the parties agree to the examination by stipulation. The defense cannot unilaterally demand that you attend. The order must specify the time, place, manner, conditions, and scope of the examination, as well as the person or persons who will conduct it.
The exam must be relevant. The examination must relate to the injuries and conditions actually at issue in the lawsuit. A defense request for an IME by a neuropsychologist would not be appropriate in a case involving only orthopedic injuries, for example.
Discovery Rules and the IME Report
Under Georgia’s discovery framework, the party who requested the IME must provide a copy of the examiner’s detailed written report to the plaintiff upon request. This report must include the examiner’s findings, test results, diagnoses, and conclusions. In exchange, the plaintiff must provide reports from their own treating physicians covering the same condition. Georgia courts have held that a party who requests and obtains the IME report waives any privilege regarding other medical examinations of the same condition.
Georgia’s statute of limitations for personal injury claims is two years from the date of injury under O.C.G.A. § 9-3-33. Because IMEs typically occur during active litigation, the timing of the exam relative to your filing deadline is critical. Georgia also follows a modified comparative fault rule under O.C.G.A. § 51-12-33, meaning you can recover damages only if you are found less than 50% at fault. Insurance companies sometimes use IME reports to argue that pre-existing conditions — rather than the defendant’s negligence — caused your injuries, which is an indirect way of shifting fault away from their insured.
IME Rules in South Carolina
South Carolina’s rules governing compulsory medical examinations are found in Rule 35 of the South Carolina Rules of Civil Procedure (SCRCP). The framework is similar to Georgia’s but has some notable differences in practice.
Key Requirements Under S.C. Rule 35, SCRCP
Condition must be in controversy. Like Georgia, South Carolina requires that the physical or mental condition of the party be “in controversy” before the court will order an examination. In personal injury cases, this threshold is typically met because the plaintiff has put their medical condition at issue by claiming damages for injuries.
Good cause required. The requesting party must establish good cause for the examination. South Carolina courts evaluate whether the examination is necessary and whether less intrusive means of obtaining the medical information are available.
Court order or agreement. A compulsory medical examination in South Carolina requires either a court order or a written agreement between the parties. The order must specify the examiner, the time, place, and scope of the exam.
Report Exchange Under S.C. Rule 35(b)
South Carolina’s Rule 35(b) establishes a reciprocal exchange mechanism. Once the examined party requests a copy of the IME report, the requesting party must deliver a detailed written report that includes findings, results of tests, diagnoses, and conclusions. By requesting the report, the examined party must also provide any medical reports they have covering the same condition. This reciprocal obligation mirrors the Georgia framework and the federal rule.
South Carolina’s statute of limitations for personal injury claims is three years from the date of injury under S.C. Code § 15-3-530, giving plaintiffs one additional year compared to Georgia. South Carolina also uses a modified comparative fault system, but the threshold is slightly more favorable to plaintiffs: you can recover damages as long as you are less than 51% at fault. As in Georgia, defense attorneys may use IME findings to argue comparative fault or to attribute your injuries to non-accident causes.
Georgia vs South Carolina: IME Rules Comparison
| Factor | Georgia | South Carolina |
|---|---|---|
| Governing Rule | O.C.G.A. § 9-11-35 | Rule 35, SCRCP |
| Court Order Required | Yes, unless parties stipulate | Yes, unless parties agree in writing |
| Good Cause Standard | Must show condition is in controversy and exam is necessary | Must show condition is in controversy and good cause exists |
| Report Exchange | Reciprocal exchange upon request (O.C.G.A. § 9-11-35(b)) | Reciprocal exchange upon request (Rule 35(b)) |
| Statute of Limitations | 2 years (O.C.G.A. § 9-3-33) | 3 years (S.C. Code § 15-3-530) |
| Comparative Fault Threshold | Less than 50% at fault (O.C.G.A. § 51-12-33) | Less than 51% at fault |
| Right to Choose Examiner | Defense selects; plaintiff can object | Defense selects; plaintiff can object |
| Recording the Exam | Not guaranteed; may require court approval | Not guaranteed; may require court approval or stipulation |
| Plaintiff Can Bring Observer | Courts may allow on request | Courts may allow; some resistance from defense |
| Sanctions for Refusal | Case dismissal, adverse inference, or other sanctions | Case dismissal, adverse inference, or other sanctions |
How to Prepare for an IME — Tips to Protect Your Claim
Walking into an IME without preparation is one of the biggest mistakes an injured person can make. The examiner is evaluating everything from the moment you arrive — how you walk through the parking lot, how you sit in the waiting room, and how you describe your symptoms. Here is how to protect yourself.
Before the Exam
- Review your medical records with your attorney. Know your diagnosis, treatment history, and current symptoms so you can describe them accurately and consistently.
- Make a written list of all your symptoms. Include pain levels, limitations on daily activities, sleep disruption, and anything else that affects your quality of life. Bring this list with you so you do not forget anything during the exam.
- Know what medications you are taking. The IME doctor will ask about your current medications, dosages, and prescribing physicians.
- Understand the scope of the exam. Your lawyer should tell you exactly what the IME doctor is authorized to examine. You are not required to submit to tests or evaluations beyond the scope of the court order.
During the Exam
- Be honest but do not exaggerate. Answer questions truthfully. If something hurts, say so. If you have good days and bad days, explain that. Exaggerating symptoms gives the IME doctor ammunition to discredit your entire claim.
- Do not minimize your symptoms either. Many people instinctively downplay their pain or try to push through discomfort during the exam. This works against you. If a movement causes pain, say so clearly.
- Keep your answers to what was asked. Do not volunteer information about unrelated medical history, personal matters, or details of the accident itself. The IME is a medical examination, not a deposition.
- Note the time. Record when the exam started, when it ended, and approximately how long the doctor spent on each part of the examination. Many IME exams last less than 20 minutes, which your attorney can use to challenge the thoroughness of the evaluation.
- Pay attention to what the doctor does and does not examine. If the IME doctor skips certain tests or fails to examine the specific body parts at issue in your claim, make note of it immediately after leaving.
After the Exam
- Write down everything you remember. As soon as you leave, document what the doctor asked, what tests were performed, how long each portion lasted, and anything unusual about the interaction.
- Report to your attorney immediately. Your notes will help your lawyer evaluate the IME report when it arrives and identify discrepancies.
What Happens After the IME — The Doctor’s Report
After the examination, the IME doctor prepares a written report that is sent to the insurance company or defense attorney who arranged the exam. This report typically includes:
- A summary of the medical records reviewed
- A description of the physical examination performed
- The doctor’s findings, including range-of-motion measurements and neurological test results
- The doctor’s opinion on causation — whether your injuries were caused by the accident
- An opinion on whether you have reached maximum medical improvement
- Recommendations regarding future treatment needs
In both Georgia and South Carolina, you have the right to request a copy of the IME report under the reciprocal exchange provisions of O.C.G.A. § 9-11-35(b) and S.C. Rule 35(b), respectively. Your attorney should always request this report promptly.
The insurance company will use the IME report in settlement negotiations. If the report contradicts your treating physician’s opinions, the insurer will point to it as justification for a lower offer. If the case goes to trial, the IME doctor may testify as an expert witness for the defense.
How Your Lawyer Challenges a Bad IME Report
A one-sided IME report does not have to derail your case. Experienced personal injury attorneys have multiple tools to challenge biased IME findings.
Deposing the IME Doctor
Your attorney can depose the IME examiner and question them under oath about their qualifications, methodology, financial relationship with the insurance company, and the basis for their conclusions. Cross-examination often reveals that the doctor spent very little time with you, failed to review key records, or has a pattern of producing defense-favorable opinions.
Exposing Financial Bias
Discovery can reveal how much money the IME doctor earns from defense-side examinations. If a physician earns hundreds of thousands of dollars per year conducting IMEs for insurance companies, that financial dependence is relevant to the credibility of their opinions. Georgia and South Carolina courts allow this evidence to be presented to a jury.
Rebuttal Medical Testimony
Your treating physicians — the doctors who have actually been managing your care over weeks or months — can testify about their own findings, treatment decisions, and prognosis. Courts and juries routinely give more weight to treating physician testimony than to an IME doctor who saw you once for 20 minutes. In complex cases involving brain injuries or spinal cord injuries, your attorney may also retain independent medical experts to review and rebut the IME report.
Highlighting Omissions and Inconsistencies
If the IME doctor failed to perform standard tests, ignored relevant imaging studies, or reached conclusions inconsistent with the medical literature, your attorney can expose those deficiencies at trial. The shorter the exam and the thinner the analysis, the easier it is to discredit the report.
Filing a Daubert or Qualification Challenge
In both Georgia and South Carolina, your attorney can challenge the admissibility of the IME doctor’s testimony if the physician lacks appropriate qualifications or if the methodology does not meet the applicable evidentiary standard. If the court excludes the IME testimony, the defense loses one of its most powerful tools for minimizing your damages.
Talk to a Personal Injury Lawyer About Your IME
If an insurance company has asked you to attend an independent medical exam, or if you have already been examined and received a report that downplays your injuries, you need an attorney who understands how to handle IMEs in both Georgia and South Carolina courts.
At Roden Law, we represent injured clients across Georgia and South Carolina from offices in Savannah, Darien, Charleston, Columbia, and Myrtle Beach. Our attorneys have extensive experience challenging biased IME reports and holding insurance companies accountable for the full value of our clients’ injuries.
Call 1-844-RESULTS for a free consultation. We handle personal injury cases on a contingency fee basis, which means you pay nothing unless we recover compensation for you. Whether your case involves a car accident, commercial truck wreck, slip-and-fall injury, or any other type of negligence claim, we are ready to fight for you.
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