Independent medical exams: who asks for one, and your rights at it
Short answer
It's an exam the insurer or defense requests.
- In New Jersey, your own PIP insurer can require one to decide whether more treatment is medically necessary.
- It must be scheduled within 7 calendar days of the notice, and you can ask for the report.
- In a lawsuit, the defense can require one under court rules.
Checked October 31, 2026.
Sources: N.J.A.C. 11:3-4.7(e); Federal Rule of Civil Procedure 35, Physical and Mental Examinations; DiFiore v. Pezic, A-58/59/60-21 (N.J. June 15, 2023), syllabus. Every fact cites a source
Who asked for the exam?
Pick the one that fits. It shows the rule that applies and what you can check yourself. It can't tell you whether you need more treatment, what the exam will find, or what to do in your own case.
- What it is
- Your PIP insurer can require a physical exam to decide whether it pays for more treatment, tests or equipment.
- Why it matters
- PIP pays for treatment only when it's medically necessary. The exam is how the insurer checks.
- The rule
- The appointment must be within 7 calendar days of the notice unless you agree to more time. A provider in the same discipline as your treating provider does it, at a place reasonably convenient to you.
Check the notice for the date, the place and any records you're asked to bring.
- What it is
- The defense can require a person whose physical condition is in controversy to be examined.
- Why it matters
- An injury lawsuit puts your injury in question, so the defense gets its own look.
- The rule
- Since June 15, 2023, trial judges decide case by case whether a neutral observer or a recording is allowed. The defense must show why one shouldn't be.
If you have a lawyer, ask what conditions were set for the exam.
- What it is
- The court can order a party whose physical condition is in controversy to be examined.
- Why it matters
- The exam needs a court order, not just a letter.
- The rule
- The order is made only on a motion for good cause, with notice to all parties and the person examined. The examiner must be suitably licensed or certified.
Ask to see the court's order. It sets the time, place, scope and examiner.
- What it is
- An insurer's plan can deny payment for further care after repeated unexcused missed exams.
- Why it matters
- The rule lets insurers include that in the plan, with notice of what missing an exam means.
- The rule
- The insurer must have procedures to tell you and your treating provider when payment will be denied for not showing up. The date can move later only if you agree.
Call the number on the notice before the date, and keep a note of who you spoke with.
- What it is
- You can ask for a copy of the examiner's written report.
- Why it matters
- Under New Jersey's PIP rule, you're entitled to a copy on request. In federal court, the side that asked must deliver it on request.
- The rule
- After a PIP exam, the insurer must say whether it will pay for more care within 3 business days.
Ask in writing, and keep a copy of your request.
- What it is
- In a New Jersey lawsuit, a judge decides case by case, and the defense must show why not. The PIP exam rule doesn't mention it.
- Why it matters
- The Supreme Court allowed a neutral observer or an unobtrusive recording unless the defense shows a reason. An observer can't interfere with the exam.
- The rule
- Trial judges decide on a case-by-case basis, with no absolute prohibitions or entitlements.
For a PIP exam, ask the insurer in writing before the date.
- What it is
- Either side can take a PIP dispute to dispute resolution, run by an organization the state designates.
- Why it matters
- The exam decides payment. It doesn't end your right to dispute the decision.
- The rule
- An insurer that denies a PIP claim must do it in writing, with reasons.
Keep the denial letter. The PIP denied guide says what happens next.
What an independent medical exam is
It's an exam requested by an insurer or by the defense in a lawsuit, not by your own doctor. Despite the name, the side asking for it arranges it.
Your own PIP insurer can require a physical exam to decide whether more treatment, tests or equipment are medically necessary. It decides payment, not your care.
When a lawsuit puts your physical condition in controversy, the defense can ask for an exam. In federal court, it takes a court order on a motion for good cause.
NJThe PIP exam rules in New Jersey
New Jersey's PIP rules set how an insurer's physical exam is run. They apply to the exam your own car insurer requires for more treatment.
- The appointment must be withinN.J.A.C. 11:3-4.7(e)7 calendar days of the notice
- The insurer says whether it pays for more careN.J.A.C. 11:3-4.7(e)Within 3 business days of the exam
- You get notice firstThe insurer must tell you, or someone you name, that a physical exam is required.Source: N.J.A.C. 11:3-4.7(e)
- Someone in your provider's field does itThe exam is done by a provider in the same discipline as your treating provider, at a place reasonably convenient to you.Source: N.J.A.C. 11:3-4.7(e)
- You may be asked for recordsIf the insurer asks, you give your medical records to the examiner at the exam or before.Source: N.J.A.C. 11:3-4.7(e)
- You can get the reportIf the examiner writes a report, you or someone you name can get a copy on request.Source: N.J.A.C. 11:3-4.7(e)
- Missed exams can stop paymentAn insurer's plan can deny payment for further care after repeated unexcused missed exams. You and your provider must be told what missing one means.Source: N.J.A.C. 11:3-4.7(e)
NJWhat Jersey City's police reports show about injuries
Counselworthy analysis of NJDOT's crash tables for Jersey City. Each report has an injury box for every person hurt: the most serious injury police wrote, and where on the body it was.
- 75%of people hurt in Jersey City crashes had pain as the most serious injury on the police report: 6,068 of 8,114.
- 33%of people hurt in Jersey City crashes had their most serious injury in the back or neck, by the police report (of those with a place recorded): 2,480 of 7,524.
What police wrote on each crash report (form NJTR-1), 2019 to 2023, the newest years NJDOT has published in full. It isn't a finding of fault. Source: NJDOT crash tables, checked October 16, 2026.
PIP pays for treatment only while it's medically necessary, and an exam is how the insurer checks that. The report is what an officer wrote at the scene. What a PIP exam weighs is your medical records and the exam itself.
The exam in a lawsuit: observers and recording
Once a lawsuit puts an injury in controversy, the defense can ask for its own exam. Courts set the conditions.
The court can order an exam only on a motion for good cause, with notice to the person to be examined. The examiner must be suitably licensed or certified.
Source: Federal Rule of Civil Procedure 35, Physical and Mental ExaminationsIn federal court, the side that asked for the exam must give you a copy of the report on request.
Source: Federal Rule of Civil Procedure 35, Physical and Mental ExaminationsNew Jersey's court rule lets the defense require a person whose physical condition is in controversy to be examined.
Source: DiFiore v. Pezic, A-58/59/60-21 (N.J. June 15, 2023), syllabusSince June 15, 2023, judges decide case by case. The defense must show why a neutral observer or an unobtrusive recording shouldn't be allowed. An observer can't interfere.
Source: DiFiore v. Pezic, A-58/59/60-21 (N.J. June 15, 2023), syllabusWhat the exam isn't, and when people go without a lawyer
Much of this you can check yourself, before or without a lawyer.
- DoRead the notice for the date, the place, and the records you're asked to bring.
- DoAsk in writing for a copy of the examiner's report.
- DoCall before the date if you can't make it. A New Jersey PIP exam can move later only if you agree.
- Don'tDon't treat it as a checkup. It decides whether the insurer pays for more care.
- Don'tDon't skip it without calling. Repeated unexcused missed PIP exams can stop payment.
It's between you, your provider and your own insurer. If PIP stops paying after it, either side can take the dispute to dispute resolution.
In a lawsuit, the conditions of the exam are set by the court. In New Jersey, a lawyer's fee is capped at 33⅓% of the first $750,000 recovered.
Sources
- N.J.A.C. 11:3-4.7(e)Legal Information Institute, Cornell Law School, New Jersey Administrative Code. Checked .
- Federal Rule of Civil Procedure 35, Physical and Mental ExaminationsThe federal courts' rule on exams of a party in a lawsuit. Checked .
- DiFiore v. Pezic, A-58/59/60-21 (N.J. June 15, 2023), syllabusSupreme Court of New Jersey, opinion and syllabus. Checked .
- N.J.S.A. 39:6A-5(g), (h)Justia, 2025 New Jersey Revised Statutes. Checked .
- N.J.S.A. 39:6A-5.1(a), (b)Justia, 2025 New Jersey Revised Statutes. Checked .
- R. 1:21-7(c), (d)New Jersey Court Rules, via Court Rules Network. Checked .
General information, not legal advice. We don't know the facts of your claim. A lawyer can review them, and most injury lawyers offer a free consultation.
What to do next
- Next questionPIP denied, delayed or used up in New Jersey: what happens nextWhat happens if PIP stops paying after the exam.
- Thinking about a lawyer?Do I need a lawyer after a car accident?When a consultation tends to help, and when people handle a claim alone.
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Questions people ask
What is an independent medical exam?
An exam requested by an insurer or by the defense in a lawsuit, not by your own doctor. In New Jersey, a PIP insurer uses it to decide whether more treatment is medically necessary. In a lawsuit, the defense uses it to examine an injury the case puts in controversy.
Do I have to go to an independent medical exam for PIP in New Jersey?
Your PIP insurer can require one to decide whether it pays for more care. An insurer's plan can deny payment for further care after repeated unexcused missed exams, after telling you what missing one means.
How soon does a PIP exam have to happen in New Jersey?
The appointment must be within 7 calendar days of the insurer's notice, unless you agree to more time. The insurer must say whether it will pay for more care within 3 business days after the exam.
Can I get a copy of the IME report?
Under New Jersey's PIP rule, you're entitled to a copy on request if the examiner writes a report. In federal court, the side that asked for the exam must deliver the report on request.
Can I record an independent medical exam or bring someone?
In a New Jersey lawsuit, a judge decides case by case, and the defense must show why a neutral observer or an unobtrusive recording shouldn't be allowed. The PIP exam rule doesn't mention it, so ask the insurer in writing.