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

After a Michigan car accident, it’s only a matter of time before your auto insurance company sends a letter demanding that you attend an “independent medical examination” (IME) – sometimes called an insurance medical exam.

The exam is:

• Ordered, scheduled, and paid for by the insurance company - not your treating doctor.
• Authorized by Michigan’s No‑Fault Law, specifically MCL 500.3151, when your physical or mental condition is important to a claim for personal injury protection (PIP) benefits. 
• A powerful tool insurers use to cut off medical bills, wage‑loss, attendant care, and other no‑fault benefits. Many Michigan auto injury lawyers report that carriers routinely rely on IME reports to “justify” terminating or limiting PIP benefits. 

This checklist is designed to help you:

• Understand how IMEs work under Michigan law
• Recognize when an IME is not compliant with MCL 500.3151
• Prepare and protect your credibility during the exam
• Respond strategically if your benefits are reduced or terminated

This article is for informational purposes only and does not create an attorney–client relationship. Always speak with a qualified Michigan car accident lawyer about your specific case.

1. What Is an IME in a Michigan No-Fault Claim?

1.1. Legal Definition Under Michigan No‑Fault Law

Under MCL 500.3151, if your physical or mental condition is material to a claim for past or future PIP benefits, your insurer can require you to undergo a mental or physical examination by a physician. 

Key points:

• The exam is not a treatment. It is a forensic evaluation whose sole purpose is to generate a report for the insurance company.
• The insurer can insist on an exam even before any lawsuit is filed - it arises from the insurance contract and the statute, not just from court rules. 
• If you unreasonably refuse a properly requested exam, a court may impose serious sanctions under MCL 500.3153, up to and including dismissal of claims. 

1.2. Are IMEs Really “Independent”?

In practice, no.

• The insurance company chooses and pays the doctor, often through high‑volume IME vendors.
• Michigan IME vendors market themselves to insurers as providers of “jurisdictionally compliant” exams that help adjusters control costs and defend claims. 
• Many plaintiff‑side and neutral commentators have noted that IME doctors often earn substantial income performing hundreds of exams a year, and their reports are frequently used to “cut off” benefits even in serious injury cases. That does not mean every IME doctor is dishonest. It does mean you should treat the exam as adversarial, not as a second opinion intended to help you heal.

1.3. Can a Michigan Auto Insurer Cut Off Benefits After an IME?

Yes. Under the No‑Fault Act, your PIP insurer must pay “reasonably necessary” medical expenses, wage loss, and certain replacement services related to the crash, up to your policy limits. 

Insurers routinely use IME reports to argue that:

• Your treatment is no longer reasonable or necessary
• Your current condition is due to pre‑existing issues, not the crash
• You have fully recovered and need no further accident‑related care

Once they adopt that position, they may:

• Stop paying future medical bills
• Terminate or reduce wage‑loss benefits
• Dispute attendant care, replacement services, and other PIP benefits

If your benefits are reduced or terminated after an IME, you do not have to accept that decision. A Michigan no‑fault attorney can file suit for overdue benefits and challenge the IME doctor’s opinions.

2. Does Your Michigan IME Doctor Legally Qualify Under MCL 500.3151?

One overlooked protection in Michigan’s No‑Fault Law is that the IME doctor must meet specific statutory criteria. If they do not, your lawyer can attack the exam and seek to exclude the doctor’s opinions.

Under MCL 500.3151(2), a physician who conducts an exam must:

• Be licensed as a physician in Michigan or another state.
• Match your treating doctor’s specialty. If your care is being provided by a specialist, the IME doctor must be in the same specialty, and if your treating doctor is board‑certified, the IME doctor must hold the same board certification.
• In the year immediately before the exam, devote most of their professional time to:
• • Active clinical practice (and, if applicable, practice in that same specialty) or
  • Teaching in an accredited medical school or residency program (again, in the relevant specialty). 

These requirements were strengthened in the 2019 No‑Fault reforms specifically to reduce the use of “professional witnesses” who rarely treat real patients. 

Action item:

• As soon as you receive an IME notice, give it to your lawyer
• Your attorney can investigate the IME doctor’s license, board status, and practice history to determine whether they meet the statute and to challenge them if they do not

3. How to Prepare Before a Michigan No-Fault IME

3.1. Do You Have to Attend the IME?

In almost all PIP cases, yes.

• If your condition is material to your claim, MCL 500.3151 allows the insurer to require an exam.
• If you refuse without good reason, the insurer may suspend benefits, and a court may impose sanctions ranging from limiting your evidence to dismissing your claim entirely. 

You should never simply “no‑show” an IME. If the date, time, location, or doctor is unreasonable, your lawyer may be able to:

• Negotiate a different appointment
• Insist on a compliant specialty match under MCL 500.3151
• Seek court intervention if the demand is abusive

3.2. Do You Have to Bring Medical Records to an IME in Michigan?

No, not under the statute. Michigan’s IME provisions focus on your obligation to submit to the exam, not to personally courier records.

Under MCL 500.3152, the examining physician must prepare a written report, and if you request it, the insurer must provide you with a copy. In exchange, the insurer then has statutory rights to obtain your relevant medical records directly from providers. 

In practical terms:

• You are required to appear for the IME
• You are not required to bring MRI films, CT scans, or complete chart copies unless your attorney specifically advises it
• The insurer already has - or can obtain - your records through signed authorizations

What you should bring:

• Government‑issued photo ID (driver’s license or state ID)
• Your IME appointment letter
• A short, accurate list of current medications and significant prior injuries (if your lawyer agrees)
• Transportation arrangements (and documentation of mileage, if you plan to request reimbursement)

3.3. Logistics Time Travel And Cost

Typical IME logistics in Michigan auto cases:

• Exams are often scheduled during business hours at a doctor’s office or IME vendor facility
• The insurance company pays the doctor’s fee. Many IME vendors advertise comprehensive services including coordinating transportation for examinees, which reflects industry practice that claimants should not be out‑of‑pocket for the exam itself. 

If the location or travel burden is unreasonable - for example, several hours away for a short exam - your attorney can often push back and demand a more reasonable arrangement.

3.4. Should You Talk to a Lawyer Before an IME?

If you are receiving or seeking Michigan no‑fault benefits, the short answer is yes.

A lawyer experienced in IME defense and no‑fault insurance disputes can:

• Review the IME notice for legal defects (wrong specialty, wrong jurisdiction, unreasonable travel)
• Prepare you for the types of questions and tests you’ll face
• Decide whether to request conditions such as an observer or audio recording in appropriate cases

Lee Steinberg Law Firm has represented injured Michiganders for over 50 years in PIP and third‑party auto cases statewide. 

4. What to Expect During an Independent Medical Examination

4.1. This Is Not a Normal Doctor’s Appointment

At an IME, there is no doctor–patient relationship:

• The IME doctor does not provide treatment or prescribe medications
• Anything you say is not confidential in the same way as a treatment visit; it will appear in a report for the insurer
• The doctor’s job is to answer the insurer’s questions about your diagnosis, causation, disability, and future care needs

4.2. Typical IME Sequence

While every exam is different, many Michigan auto IMEs share common features:

• Short duration. Many last 5–15 minutes of actual examination time
• History questions, including:
• • How the crash happened (often in very broad or leading terms)
  • Prior accidents, injuries, or medical conditions
  • Current pain levels and functional limits
• Physical exam, which may include:
• • Range‑of‑motion testing
  • Strength and reflex tests
  • Neurological screening
• Functional questions, such as:
• • How long you can sit, stand, walk, or lift
  • Whether you can perform household chores or work tasks

Many IME doctors use validity tests or inconsistencies to argue that a patient is exaggerating or “malingering.” That is why accurate, consistent answers are critical.

4.3. Can You Record a Michigan IME With Your Phone?

This is a nuanced issue.

• Michigan’s eavesdropping statute, MCL 750.539c, has been interpreted by many courts to allow a participant in a conversation to record without others’ consent, effectively making Michigan a one‑party consent state for participant recording. 
• At the same time, Michigan court rules governing medical examinations (such as MCR 2.311) and appellate decisions in specific contexts (for example, some neuropsychological IMEs) have limited or prohibited video recording of certain exams absent good cause. 

What that means for you:

• There is no sentence in the No‑Fault statute that outright bans recording an IME
• Whether you may record can depend on court orders, the type of exam, professional testing protocols, and case‑specific rulings
• Attempting to secretly record an IME against your lawyer’s advice may create more problems than it solves

Best practice: Discuss recording (audio or video) with your Michigan car accident lawyer before the exam. In appropriate cases, counsel can request conditions (such as an audio recording or an observer) by agreement or court motion.

5. How to Talk to the IME Doctor Without Hurting Your Claim

The most powerful protection you have in an IME is your own credibility. Use these guidelines.

5.1. Core Rules

• Be honest, always. Do not exaggerate, understate, or guess
• Answer only the question asked. You are not there to persuade the doctor; you are there to be accurate
• Describe your pain precisely. Use concrete terms (sharp, dull, burning; constant vs intermittent; better or worse with certain activities)
• Don’t say something hurts if it doesn’t hurt that day. Instead, say, “Today is a better day, but on most days...” and explain the usual pattern
• Don’t volunteer legal opinions. Avoid statements like “It was definitely his fault” or “My lawyer said...” Focus on your symptoms and limitations

5.2. Handling Questions About Prior Conditions And Daily Activities

Expect detailed questions intended to shift blame to pre‑existing conditions or to suggest that you are “doing fine.”

When asked about prior issues:

• Acknowledge real prior injuries or degenerative conditions
• Clearly explain what changed after the crash - for example, “I had occasional mild back pain before, but I never missed work and didn’t need treatment. After the crash, the pain is daily, and I can’t lift at my job.”

When asked about daily life:

• Be specific about what you can and cannot do, and for how long
• If your symptoms vary day‑to‑day, say so; variability is common with many injuries and conditions

5.3. Validity And “Gotcha” Testing

Many IME doctors perform tests designed to detect perceived exaggeration (for example, inconsistent effort or pain responses).

To protect yourself:

• Give your best, safe effort on strength and range‑of‑motion tests, stopping if the test would cause real harm
• Tell the examiner if a movement increases pain or causes symptoms like numbness or dizziness
• Don’t try to “game” the test. If you cooperate reasonably, it is easier for your lawyer to challenge any unfair or one‑sided interpretations later

6. Red Flags to Watch for During an IME

Make a mental note - or written note afterward - if you experience any of the following:

• The doctor seems unfamiliar with your specific injury type or specialty
• The exam is very brief (for example, only a few minutes) despite complex injuries
• The doctor appears more focused on:
• • Prior accidents
  • Old medical records
  • Activities unrelated to your current limitations
• You feel pressured to say you are “doing fine” or that you could return to work
• You are asked to undergo unexpected imaging or invasive tests without explanation

These red flags do not automatically invalidate the exam, but they may support your attorney’s arguments that the IME was biased or inadequate.

7. After the IME Reports Rights And Next Steps

7.1. What Happens to the IME Report?

After the exam:

1. The IME doctor prepares a written report answering the insurer’s questions
2. The report typically addresses:
3. • Diagnosis and causation
   • Whether treatment is reasonable and necessary
   • Work restrictions and disability
   • Future treatment recommendations (often “none” or very limited)
3. The adjuster and defense lawyers use that report to decide whether to:
4. • Continue benefits
   • Reduce or terminate certain payments
   • Contest your claim in litigation

7.2. Your Right to a Copy of the IME Report

Under MCL 500.3152:

• If you request it, the party that ordered the exam (usually the insurer) must provide you a copy of every written IME report related to your condition
• At least one report must set out the doctor’s findings and conclusions in detail. 

Action steps:

• Have your lawyer request the report in writing as soon as the exam is completed
• Do not contact the IME doctor directly; communicate through counsel

7.3. If Your Michigan No‑Fault Benefits Are Cut Off After an IME

If you receive a letter stating that PIP benefits are terminated or reduced because of an IME:

1. Do not ignore it. Benefit cut‑offs often trigger strict timelines for suing and may interact with the one‑year‑back rule under MCL 500.3145
2. Contact a Michigan car accident lawyer who handles denied no‑fault claims. Many firms, including Lee Steinberg Law Firm, offer free consultations and contingency‑fee representation in PIP disputes. 
3. Gather documents:
4. • IME appointment letter
   • IME report (if you have it)
   • Denial or termination letters from the insurer
   • Recent medical records and bills
4. Continue necessary treatment if at all possible, using health insurance or other coverage options. Stopping care can hurt both your health and your case
5. Your lawyer may:
6. • File a first‑party lawsuit for unpaid PIP benefits
   • Obtain supportive opinions from your treating physicians
   • Depose or cross‑examine the IME doctor
   • Challenge the IME’s compliance with MCL 500.3151 and evidentiary rules

8. The Michigan IME Survival Checklist

8.1. As Soon As You Receive the IME Notice

•  Read the letter carefully - note date, time, location, and doctor’s name
•  Call a Michigan no‑fault lawyer and send them the notice
•  Confirm that the IME doctor’s specialty and board certification match your treating physician’s, as required by MCL 500.3151(2). 
•  Ask your lawyer whether the location, timing, or frequency of exams is reasonable

8.2. The Day Before the Exam

•  Review your symptom history and major treatment milestones so your answers are clear and consistent
•  Prepare a brief list of current medications and major prior injuries
•  Arrange transportation, including backup if possible
•  Discuss with your lawyer any plan regarding observers or recording - do not decide this on your own

8.3. At the Exam

•  Bring your photo ID and the IME letter
•  Arrive 15–20 minutes early and note your arrival and departure times
•  Be polite but guarded - this is not your treating doctor
•  Answer questions truthfully and concisely; do not speculate
•  Describe pain and limitations as they actually are, including good and bad days
•  Do not sign anything you do not understand without speaking to your lawyer

8.4. After the Exam

•  Write down:
• • Approximate length of the exam
  • Tests performed
  • Any odd or concerning behavior by the doctor
•  Tell your lawyer immediately how the exam went
•  Have your lawyer request the IME report under MCL 500.3152
•  If you receive a denial or termination letter, forward it to your attorney the same day

9. Michigan IME FAQs For Searchers And Referring Professionals

Q1. Can Michigan Auto Insurance Cut Off My No‑Fault Benefits After an IME?

Yes. Insurers frequently use IME reports to argue that your ongoing care is no longer reasonable, necessary, or related to the crash and then terminate PIP benefits. However, that decision can be contested in court, and many denials are overturned or settled when challenged. 

Q2. Do I Have to Bring Medical Records to an IME in Michigan?

No. Michigan’s No‑Fault Act requires you to submit to the examination, but it does not require you to personally bring medical records, films, or CDs. The insurer can obtain records directly from providers, and MCL 500.3152 sets up a formal exchange process once an exam report is generated. 

Q3. What Should I Expect at a Michigan Independent Medical Exam?

Expect a brief, adversarial evaluation, not a therapeutic visit: questions about the crash and your history, a focused physical exam, and functional questions about work and daily activities. The doctor’s role is to provide the insurer with an opinion on diagnosis, causation, and the necessity of continued treatment. 

Q4. What Happens If I Refuse to Attend the IME?

If you unreasonably refuse a properly requested exam, your insurer may suspend PIP benefits, and a court can impose serious sanctions under MCL 500.3153, including taking your condition as established against you or even entering a default judgment. 

Q5. How Can a Michigan Car Accident Lawyer Help With an IME Dispute?

A lawyer experienced with Michigan No‑Fault Law and IME defense can:

• Challenge non‑compliant IME doctors under MCL 500.3151
• Obtain and dissect the IME report
• Secure supportive opinions from your treating doctors
• File a PIP lawsuit for unpaid benefits
• Cross‑examine the IME doctor at deposition or trial

Lee Steinberg Law Firm routinely handles both first‑party no‑fault claims and third‑party negligence cases across Michigan, giving clients integrated protection of medical and wage‑loss benefits as well as pain‑and‑suffering claims. 

10. When to Call a Michigan Car Accident Lawyer About an IME

You should strongly consider contacting a lawyer if:

• You have an upcoming IME and serious injuries (spinal injuries, traumatic brain injury, surgery, or permanent disability)
• You have already had an IME and now face treatment delays, denied bills, or wage‑loss cut‑offs
• The IME doctor was in the wrong specialty or appeared to have little clinical practice
• You received a denial letter citing the IME report as the reason your claim is being terminated

Free Consultation Protect Your No‑Fault Benefits After an IME

If your Michigan auto insurer has scheduled an IME or cut off your no‑fault benefits after an exam, you don’t have to navigate this alone.

• Call 1‑800‑LEE‑FREE for a free consultation with a Michigan car accident lawyer experienced in no‑fault insurance disputes and IME defense
• Or request help online through the firm’s free case evaluation form

There are no upfront fees. Lee Steinberg Law Firm only gets paid if they recover money for you.