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Getting a letter asking you to attend an independent medical examination in Nova Scotia can feel unsettling, especially when you're already dealing with pain, missed work, and appointments. An IME is a common step in car accident, personal injury, and disability claims, and knowing what to expect can take much of the worry out of it. Many people are asked to attend one at some point in their claim.
At Wagners Law Firm, we know people feel far more at ease once they understand the purpose of the exam and their rights. If you've been asked to attend an IME and aren't sure what it means for your personal injury claims, we can talk it through with you for free.
An independent medical examination (IME) is an assessment by a doctor chosen and paid by an insurer or the other side, not your own doctor. The doctor reviews your records, asks about your injuries, and may examine you, then writes a report that can affect your benefits or settlement. In Nova Scotia, your insurance policy or a court order may require you to attend.
Keep these points in mind if an insurer or the other side's lawyer has asked you to attend an IME:
The sections below explain each of these points in more detail.
The purpose of an IME is to give the insurer or the other side an opinion about your injuries from a doctor they chose. That doctor typically reviews your records, asks about your history and symptoms, and may examine you before writing a report.
An IME report often gives opinions on:
Insurers use these opinions to decide on benefits or settlement offers, so the report can have a real effect on your claim.
The doctor is independent in the sense that they aren't your treating physician, but they were chosen and paid by the other side. The College of Physicians and Surgeons of Nova Scotia requires these doctors to tell you their main responsibility is to provide a report to the party that requested it, and to be accurate and objective.
In most cases, yes. Whether you must attend depends on the type of claim and who is asking, but the rules generally favour reasonable requests.
| Type of Claim | Who Can Ask for an IME | What the Rules Say |
|---|---|---|
| Section B auto accident benefits | Your own auto insurer | The insurer has the right to examine you as often as it reasonably requires while the claim is pending |
| Lawsuit for personal injury | The defendant or its insurer | A court can order an exam when you have put your physical or mental condition in issue |
| Long-term disability | The disability insurer | Most policies allow reasonable exams as a condition of receiving benefits |
For car accidents, the right to examine comes from the Automobile Insurance Contract Mandatory Conditions Regulations, which also limit exams for minor injuries while they are being treated under the province's diagnostic and treatment protocols. In lawsuits, Rule 21 of the Nova Scotia Civil Procedure Rules lets a judge order a medical examination, and the person who put their condition in issue must show why they shouldn't be examined.
Even when an exam is allowed, some requests may go too far. It's worth getting advice if you're asked to:
A lawyer can often resolve these concerns by agreement before the appointment.
IMEs appear in many kinds of claims, not only car accidents. They are especially common in long-term disability claims, where an insurer may use an exam to question whether you can still do your own job or any job under the policy.
An IME looks at your current condition for a claim, while cases about the quality of past care work differently. In medical negligence claims, doctors in the same field review the treatment records to decide whether the care met the expected standard, and the patient often isn't examined at all.
Most IMEs follow a similar pattern, although the length and focus depend on the doctor's specialty. A typical exam includes:
Some exams take less than an hour, while others take half a day or more. If you're told the expected length in advance, plan for rest afterward, especially if sitting or moving for long periods is painful.
A little preparation can help you give accurate, complete information without feeling rushed. Before the exam, try to:
During the exam, answer honestly and describe your good days as well as your bad ones. Exaggerating or downplaying symptoms can both hurt your credibility, and the report may be compared with your medical records.
Sometimes. In Nova Scotia, the College of Physicians and Surgeons says any arrangements for observers or recording must be mutually agreeable to the parties involved. Ask your lawyer to raise the request in advance, especially if you need a support person, an interpreter, or help getting around.
You can only record an IME in Nova Scotia if the parties agree in advance, according to the College of Physicians and Surgeons of Nova Scotia's standards for third-party exams. Recording without agreement can cause disputes, so have your lawyer raise it with the insurer or the other side before the appointment.
The insurer or party that requests an IME usually pays the doctor's fee. You shouldn't receive a bill for the exam itself, although you may need to cover your own travel in some cases. Ask ahead of time whether travel costs or lost wages for attending will be reimbursed.
Refusing a reasonable IME request in Nova Scotia can have consequences. For Section B benefits, an insurer may deny or delay payments, and in a lawsuit, a court can order you to attend. If you think a request is unreasonable, such as a repeated exam or an unsuitable location, talk to a lawyer before saying no.
The doctor who does an IME in Nova Scotia sends the report directly to the party that requested it and won't discuss it with you afterward. In a lawsuit, medical reports are generally shared between the parties, so your lawyer can usually get a copy. For Section B or disability claims, you or your lawyer can ask the insurer for it.
With the right preparation, an IME is simply one more step in your claim, not a test you might fail. Wagners Law Firm helps people across Nova Scotia understand IME requests, protect their rights, and respond when a report doesn't reflect how their injuries affect their life. Call us at 902-425-7330 or 1-800-465-8794, or contact us online for a free consultation.