If you have filed a personal injury lawsuit after a car accident in Illinois, the defense attorney may ask you to attend a medical examination arranged by the other side. This is called a defense medical exam, or in the language of Illinois Supreme Court Rule 215, a “physical or mental examination.” Knowing what an independent medical exam in a car accident lawsuit in Illinois actually involves, and what it does not, helps you prepare without being caught off guard.
This article provides general legal information; consult a licensed Illinois attorney for advice specific to your situation.
This Is Not an Independent Exam (and Not a Workers’ Compensation IME)
Two points of clarity before anything else.
First, the term “independent medical exam” is a misnomer. The physician conducting this examination is retained and paid by the insurance company or defense attorney. The doctor does not have an ongoing treatment relationship with you and has a financial relationship with the defense. That does not make the exam illegal or avoidable; Rule 215 expressly authorizes it. It does mean you should walk in with that context in mind.
Second, the Rule 215 defense medical exam in a car accident lawsuit is distinct from the IME process under Illinois workers’ compensation law, specifically Section 12 of the Workers’ Compensation Act (820 ILCS 305/12). If your case involves a car accident rather than a workplace injury, you are dealing with Rule 215, not Section 12. The procedural rules, your rights, and the context are different.
What Illinois Supreme Court Rule 215 Says
Under Illinois Supreme Court Rule 215(a), the court, on a motion made within a reasonable time before trial, may order a party whose physical or mental condition is in controversy to submit to an examination. In a car accident lawsuit, that motion comes from the defense. The rule sets boundaries: the examiner must be a licensed professional in a discipline related to the condition at issue, the court’s order must fix the time, place, conditions, and scope of the exam, and you cannot be required to travel an unreasonable distance. The defense also pays the examiner’s fee and must cover your reasonable expenses and any lost earnings from attending.
Rule 215(c) requires the examiner to prepare a written report, with findings, test results, diagnosis, and conclusions, and deliver it to your attorney within 21 days after the exam. If the report is not delivered on time, the examiner’s report and testimony generally cannot be received in evidence except at your side’s request. That report is a key document in your case: it reflects the examiner’s findings and opinions, which the defense will almost certainly use at trial if the findings favor them.
What to Expect at the Exam
Defense medical exams in car accident cases typically involve a review of your medical records, a brief interview about your symptoms and history, and a physical examination focused on the injured areas. The exam is usually short, often under 30 minutes, far shorter than a typical appointment with your treating physician.
Bring your photo ID. You do not need to bring records yourself; the examiner will have received them from the defense attorney. Be truthful and accurate about your symptoms. Do not exaggerate, but do not minimize either. Describe your pain and limitations as they actually are on the day of the exam. Your attorney may advise you on what to say if asked about prior injuries or pre-existing conditions; follow that guidance.
Your attorney may be permitted to have a third party present to observe, depending on the agreement reached between counsel. Ask your attorney in advance whether an observer or court reporter will attend.
How to Challenge a Biased Examiner
Defense medical examiners often conduct dozens or hundreds of exams per year for the same insurers and law firms. Illinois courts allow cross-examination on the financial relationship between the examiner and the defense: how much income the doctor earns from defense referrals, how often they find plaintiffs to be at maximum medical improvement or symptom-free, and whether their findings align systematically with the party paying them. This cross-examination can be highly effective in front of a jury.
Your attorney can also retain your own treating physician or an independent expert to review the defense examiner’s report and offer a contrary opinion. When handling car accident claims in Chicago, presenting your treating doctor’s long-term records alongside a rebuttal opinion is often the strongest counter to a defense exam that downplays your injuries.
What You Should Not Do
Do not refuse to attend without consulting your attorney first. Rule 215 gives the defense the right to request this examination once a lawsuit is filed, and non-compliance can result in sanctions, including dismissal of your case. Do not coach yourself to appear worse than you are; that undermines your credibility and can be exposed during cross-examination of the examiner, who may note inconsistencies. And do not assume the exam is a formality. Treat it as a formal legal proceeding, because it is.
After the exam, write down everything you remember: what the examiner asked, what physical tests were performed, how long the exam lasted, and any observations about the process. Share those notes with your attorney immediately. They may be useful when comparing your account against the examiner’s written report.
Talk to a Chicago Attorney for a Free Consultation
If you have received notice of a defense medical exam in your car accident case, Phillips Law Offices can help you prepare and understand your rights under Rule 215. Call (312) 346-4262 or visit our contact page for a free consultation. There is no fee unless we recover compensation for you.
Related guides on evidence and documentation
- Start here: What Evidence Do You Need for an Illinois Car Accident Claim?
- Your Car’s Black Box: How EDR Data Helps Prove an Illinois Crash Claim
- Rideshare Driver Injury Claims in Chicago — When Uber and Lyft Drivers Are Hurt
- What Evidence Helps Strengthen a Car Accident Claim in Illinois?
This article is general information about Illinois law, not legal advice, and reading it does not create an attorney-client relationship. Illinois law changes; confirm anything you intend to rely on with a licensed Illinois attorney.
