Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Every case is different, and Nevada law governing independent medical exams involves nuances that can change how these rules apply in a specific situation. Past results do not guarantee future outcomes.
An independent medical exam, or IME, is a physical or mental evaluation performed by a doctor the insurance company chooses, not one you picked yourself. Insurers request IMEs to verify the nature and extent of an injury claim, and such requests become far more common once a personal injury lawsuit is filed in Nevada.
Battle Born Injury Lawyers has recovered more than $100 million for injured clients across Nevada, built on more than 85 combined years of experience, including years our attorneys spent on the insurance defense side before representing injured people. That background means we know exactly what an IME doctor is looking for, how insurers use the resulting report, and how to respond when the process gets turned against an injured client.
What Is an IME, and Why Does the Insurance Company Want One?
An IME is a medical evaluation conducted by a physician retained by the defense or the insurer rather than by the treating doctor. Insurance companies request that they test whether an injury is as severe as claimed, whether ongoing treatment is still necessary, and whether the reported symptoms align with objective findings.
The request usually arises once a claim enters formal litigation, since that is when the injured person's physical or mental condition becomes a contested issue in the case rather than a matter the insurer simply reviews on paper.
A few realities to keep in mind before the exam is even scheduled:
- The exam is not neutral in the way "independent" suggests. The insurer selects and pays the examining doctor.
- IMEs are more common in cases with high-value injuries, ongoing treatment, or disputed causation.
- Refusing to attend generally is not a viable option, though Nevada law gives you specific rights around how the exam is conducted.
- The IME doctor is building a record that the insurer can use later, whether in settlement negotiations or at trial.
The Legal Basis for an IME in Nevada
The rules governing an IME depend on whether the exam arises in a civil lawsuit or a Nevada workers' compensation claim; the two tracks are not interchangeable.
In a personal injury lawsuit, Nevada Rule of Civil Procedure 35 controls. The rule allows a court to order a party whose physical or mental condition is genuinely in controversy to submit to an exam, but only upon a showing of good cause, and the resulting order must specify the time, place, manner, and scope of the exam, as well as who will perform it.
NRCP 35 is not automatic; it requires that the condition actually be in dispute and that the insurer or defense justify the request to the court.
Workers' compensation claims follow a different statute:
- Under NRS 616C.140, an insurer can require an injured worker to submit to a medical exam at a time and place that is reasonably convenient, and the insurer pays for it
- Refusing or obstructing that exam suspends the worker's right to compensation until the exam takes place
- Since 2017, injured workers have also had the right to request an independent exam under NRS 616C.145 when there is a dispute over treatment, the scope of the claim, or a permanent disability rating
- That worker-requested exam is generally limited to one per calendar year
Can You Refuse an IME?
You generally cannot refuse an IME outright once it has been properly requested, but Nevada law gives you real protections over how the exam takes place. Declining is rarely a strategy that helps you, since it typically stalls the claim rather than resolving the dispute in your favor.
Within that framework, you still retain meaningful rights:
- You can push for a neutral, board-certified physician rather than one with an obvious history of favoring the insurer
- In a lawsuit governed by NRCP 35, you can request, as a condition of the exam, to have an observer present
- That observer cannot be your attorney or anyone employed by your attorney or by you
- Observers generally are not permitted at neuropsychological, psychological, or psychiatric exams, absent a court order for good cause
Why IME Doctors Are Often Viewed Skeptically
Many examiners derive a substantial share of their income from repeat referrals from insurance companies, which creates a financial incentive to keep producing findings insurers find useful. A Las Vegas neurosurgeon who earned roughly $1 million a year performing exams for insurers was ultimately barred from testifying in two separate cases after a district judge found a documented history of bias against injured plaintiffs.
A few things tend to fuel that skepticism:
- Many IME doctors perform hundreds of exams a year, almost exclusively for insurers, not injured claimants
- Repeat referrals create an incentive to keep producing findings that insurers find favorable
- Reports sometimes conflict sharply with a treating physician's own longitudinal records of the same injury
- Courts have, in documented Nevada cases, found individual examiners to carry a demonstrated pattern of bias against plaintiffs
That example does not mean every IME doctor acts in bad faith. It does mean the financial relationship between the examiner and the insurer is a fair and relevant subject for scrutiny, and it is one reason a personal injury attorney familiar with how these exams are used, including from the defense side, matters so much.
What to Do During the Exam
Preparation matters more than most people expect when walking into an IME. A few practical habits protect you without requiring you to be anything other than honest:
- Answer the questions you are actually asked, but do not volunteer extra history, prior injuries, or unrelated complaints the doctor did not ask about.
- Describe your symptoms accurately. Do not exaggerate, and do not minimize out of politeness or a desire to seem tough.
- Note the exact time the exam started and ended. A rushed exam that lasted a few minutes is worth documenting if the resulting report later claims a thorough evaluation.
- Bring a written list of your current symptoms and limitations if it helps you stay accurate under pressure.
How the IME Report Gets Used Afterward
Once the exam is complete, the resulting report becomes a document that the insurer can deploy at nearly every stage of the case. Because the report often shapes negotiations long before a jury ever sees it, an inaccurate or unfairly slanted IME can quietly reduce the offer to an injured person.
The report is commonly used to:
- Argue that further treatment is not medically necessary
- Challenge the value of a settlement demand during negotiations
- Dispute the extent of damages if the case proceeds to trial
- Support a defense expert's testimony down the line, if litigation continues that far
How an Attorney Can Push Back on an Unfair IME
An experienced personal injury attorney has several tools to counter an IME report that does not match the medical reality of a client's condition:
- Deposing the examining doctor under oath. This often reveals how much of their income comes from insurance referrals, how many exams they perform each year, and whether their conclusions in this case follow the same pattern as in others.
- Obtaining a second opinion from an independent, non-referral physician who can directly contradict a slanted finding.
- Cross-referencing the IME report against the treating physician's own records, which frequently reveals gaps, since a single exam rarely captures what months of ongoing treatment are already documented in detail.
Battle Born Injury Lawyers built its litigation approach around this kind of preparation. Because our attorneys spent years on the defense side before representing injured people, we know how insurers evaluate an IME report internally and where those reports tend to overreach.
IME in a Lawsuit vs. IME Under a Policy's Cooperation Clause
An IME requested once a personal injury lawsuit is underway is governed by NRCP 35 and requires a court finding of good cause before it can be compelled.
A different type of exam can arise earlier, outside of litigation entirely, when your own insurance policy contains a cooperation clause, most commonly in underinsured or uninsured motorist claims. That clause is a contractual obligation you agreed to when you purchased the policy, and it can require you to submit to an exam requested by your own insurer as a condition of receiving benefits, separate from any court order.
The two processes serve different purposes and arise under different authorities, so understanding which one applies to a given claim matters for knowing what rights and deadlines are actually in play.
Protecting Your Rights After an IME Request in Nevada
Battle Born Injury Lawyers has played a direct role in shaping Nevada law, including legislative work in the Nevada State Legislature on statutes that affect injured people statewide, and that same attention to detail carries into how we handle an IME request from the moment it arrives. Clients work with the same attorney from the first phone call through resolution, so nothing about how an IME is scheduled, conducted, or challenged gets lost between staff.
With hundreds of five-star reviews across our Las Vegas, Henderson, and Reno offices, recognition from Super Lawyers, a perfect Avvo rating among our attorneys, and direct attorney access available 24/7, clients facing an insurance company's IME request do not have to navigate it alone. Contact us today to book your case evaluation and learn more.
Sources
- Nevada Rule of Civil Procedure 35, leg.state.nv.us
- NRS 616C.140, leg.state.nv.us
- NRS 616C.145, leg.state.nv.us
- Las Vegas Review-Journal, reviewjournal.com
