There’s a shocking amount of bad advice out there about what happens after a delivery accident, especially when it comes to the independent medical examination (IME) for a Grubhub crash in Chicago. Too many injured drivers walk into these exams totally unprepared, buying into myths that can torpedo their case.
Key Takeaways
- An independent medical examination (IME) is a defense tool. The doctor is hired by the other side to assess your injuries, not to treat you or give a fair second opinion.
- You can and should bring a witness to your IME in Illinois. A family member or your lawyer’s rep can be in the exam room with you, watching everything.
- Skipping an IME is not an option. If you refuse to go, your personal injury or workers’ comp claim will likely be thrown out. You have to go, but you can prepare.
- The IME doctor works for the defense, and their report will almost always try to downplay your injuries. Document every conversation and symptom before and after the exam because their report will be used against you.
- You need to walk in with a detailed log of your symptoms, treatments, and exactly how the injury messes up your daily life. This gives them a clear picture, even if they choose to ignore it in their report.
Myth 1: The IME Doctor is Neutral and on Your Side
This is the most dangerous lie of them all. Don’t let the word “independent” fool you. The doctor doing this exam isn’t some neutral party giving an unbiased second opinion. The reality is the IME doctor is hired and paid by the insurance company or Grubhub’s lawyers to find reasons to pay you less. Their job isn’t to treat you or look out for you. Their job is to write a report that minimizes your injuries, questions your doctor’s treatment plan, or claims your pain is from some old injury, not the crash. I’ve read hundreds of these reports. I’ve seen them take a client with clear MRI evidence of a debilitating back injury and write that it’s just “pre-existing” or that the physical therapy is “excessive.” It’s a business decision. The insurance company’s goal is to limit their payout, and the IME report is one of their biggest weapons. The American Medical Association (AMA) says the doctor-patient relationship is about the doctor acting in the patient’s best interest. In an IME, that relationship is flipped on its head. The doctor’s allegiance is to the company that’s paying them, not to you. You have to understand that going in.
Myth 2: You Have to Go to the IME Alone
Wrong. So many people think they have to face the IME doctor alone because they’re intimidated or don’t want to look like they’re causing trouble. In Illinois, you have the right to bring a witness with you to the independent medical examination. That witness can be a family member, a friend, or someone from your lawyer’s office. Their job is to be a fly on the wall, take notes, and make sure the doctor is professional. For example, if the doctor only spends five minutes checking a complex spinal injury before writing a 10-page report saying you’re fine, your witness can document that. A witness’s notes can be critical. They can confirm exactly how long the exam took, what the doctor asked, what tests were (or weren’t) done, and the doctor’s overall attitude. This is your defense if the IME report misrepresents what happened during the exam. While the right to an observer is generally upheld in Illinois, it’s always smart to have your lawyer confirm it before the appointment, as specific rules can be fought over in court. The Illinois State Bar Association has resources on patient rights that touch on this. Bring someone. It’s an extra layer of protection and makes the whole stressful ordeal a little easier to handle.
Myth 3: You Can Refuse to Attend the IME
Don’t even think about it. Some clients get so angry about the whole idea of an IME that they consider just blowing it off. That’s a catastrophic mistake. If you’ve filed a personal injury lawsuit or a workers’ compensation claim in Illinois, you have to go to an IME if the other side requests one. Refusing to show up will get your case dismissed by the court or the Illinois Workers’ Compensation Commission. For Illinois workers’ comp, Section 12 of the Workers’ Compensation Act (820 ILCS 305/12) gives the employer the right to have you examined by their chosen doctor. The law is written to make sure the employer gets medical info, but it means you’re required to attend. In personal injury lawsuits, it’s the same story. Illinois Supreme Court Rule 204 lets judges order plaintiffs to go to these exams. So, while you can’t refuse to go, you have total control over how you prepare. Your preparation is your power here.
Myth 4: You Don’t Need to Prepare for the Exam
Thinking an IME is just another doctor’s appointment is a huge mistake. It’s not. You absolutely must prepare. I tell my clients to do this every time:
- Review Your Medical Records: Know your own medical story inside and out, especially everything related to the crash. The IME doctor has your records, and they’re looking for any little inconsistency to exploit.
- Document Your Symptoms: You need a detailed, daily log of your pain and limitations. Don’t just say “my back hurts.” Write down “I can’t lift my five-year-old without a sharp, stabbing pain” or “I can only stand for 15 minutes at a time before my leg goes numb.” Be specific. This log is your evidence.
- Understand the Purpose: Keep reminding yourself: this is not your doctor. They won’t give you advice or a prescription. Your job is to answer questions truthfully but briefly. Do not volunteer extra information, and don’t get drawn into small talk.
- Dress Appropriately: Wear loose, comfortable clothes. You might have to move around, and you want to make it easy for them to do any physical tests.
- Arrive Early: Factor in Chicago traffic and finding parking. Showing up late, stressed, and flustered won’t help your case.
I’ve had clients treat the exam like a casual chat, downplaying their pain to be tough or forgetting to mention a symptom that’s been bothering them for months. That kind of approach gets you an IME report that says you’re perfectly fine, making it ten times harder to get fair compensation. The IME doctor is taking notes on everything you say and do, and those notes become their report.
Myth 5: The IME Doctor Will Understand My Pain
A doctor’s job is to understand pain, but the IME doctor’s situation is completely different. They aren’t trying to build a relationship with you to help you heal. They are performing a one-time evaluation for an adversarial purpose. They might do a few standard tests, but they’ll spend very little time actually listening to you describe your pain. That’s why your own documentation and clear, concise answers are so important. Let’s say a Grubhub delivery driver breaks their wrist in a crash on North Michigan Avenue. The IME doctor might see an X-ray showing the bone has healed, but then dismiss the chronic pain the driver feels every time they grip the steering wheel. If you don’t clearly explain these functional limits, how the pain stops you from doing your job or living your life, they’ll ignore them. They aren’t looking for an emotional story. They’re looking for “objective findings” to put in a report. Stick to the facts about your pain and limitations. Your goal isn’t to make them feel sorry for you. It’s to get your information into the record. Getting ready for an IME after your Grubhub crash in Chicago is how you protect your case from getting sunk by a biased report. If you understand what these exams really are and prepare for them, you can seriously improve your chances of getting a fair outcome.
What is an Independent Medical Examination (IME)?
It’s a medical exam set up by the defense, the insurance company or your employer, to have their own doctor evaluate your injuries. It is not for your treatment. It’s a tool they use to challenge your claim.
Can I bring someone with me to the IME?
Yes. In Illinois, you have the right to bring a witness. This can be a family member, a friend, or a representative from your lawyer’s office who can observe the exam and take notes.
What should I bring to my IME appointment?
Bring a written log detailing your symptoms, pain levels, and all the ways your injuries have affected your daily life since the accident. You should also have a list of your doctors and current medications. Don’t expect the IME doctor to answer your medical questions, though.
What is the IME doctor’s role?
The doctor’s job is to give the defense an opinion on your injuries, whether they were caused by the accident, and if your treatment is reasonable. They are not your treating physician and have no duty to act in your best interest.
What happens if I refuse to attend an IME?
Your case will probably be thrown out. If you’ve filed a personal injury or workers’ comp claim, attending a properly requested IME is mandatory. Refusing to go can have devastating consequences for your claim.