Can Florida Insurance Companies Legally Delay Your Settlement by Requiring Independent Medical Exams (IMEs)?
Brian O Sutter
Accident Lawyers
Personal Injury
When you’re injured in a Florida auto accident and file a claim, the insurance company may require you to attend an Independent Medical Exam (IME). Yes, this is legal under Florida law—insurers are allowed to request an IME to verify the extent of your injuries. But while the law permits IMEs, insurers cannot use them as an endless excuse to delay your settlement. Knowing where the line is—and how to protect yourself—can make all the difference.For more than 35 years, All Injuries Law Firm has represented accident victims in Port Charlotte, Fort Myers, Sarasota, and across Southwest Florida, helping clients navigate insurer tactics and secure the compensation they deserve.
Why Do Florida Insurance Companies Require Independent Medical Exams?
An IME is a medical evaluation by a doctor chosen and paid for by the insurance company, not by your treating physician.
Florida Statutes §627.736(7)(a) specifically allow insurers to require an IME if they believe a claim is not reasonable, related to the accident, or medically necessary. For reference, see the state statute text at Fla. Stat. §627.736.
The stated purpose is to provide an “objective” assessment—but in practice, these exams often favor the insurance company’s position.
“Insurance companies often use IMEs as a way to delay or deny benefits. For someone who is already hurt and struggling, that can feel overwhelming. Our job is to make sure clients know their rights and to stand up firmly against these tactics, so the focus stays where it belongs—on healing and moving forward.” — Attorney Brian O. Sutter, Board Certified in Workers’ Compensation since 1990
Do Independent Medical Exams Legally Delay Florida Insurance Settlements?
Yes, requiring an IME can slow down your case. Insurance companies sometimes use IMEs strategically to dispute your treating doctor’s findings, to add weeks or months of scheduling delay, or to claim non-cooperation if you refuse to attend.
Although insurers can require IMEs under Florida law, using them to intentionally delay your claim can be challenged. An experienced personal injury attorney can push back when an insurance company drags out the process.
Example: Our firm secured a $1.5 million recovery for an auto accident victim despite the insurer relying on an IME report to try to minimize injuries.
How Florida Courts Limit Insurance Abuse of Independent Medical Exams
Florida courts recognize IMEs can be necessary, but they also enforce limits. Courts may restrict repeated IME requests, prevent overly invasive exams, and sanction insurers who use IMEs as stalling tactics.
Here in Southwest Florida, judges in Charlotte, Sarasota, and Lee County have emphasized that IMEs must be reasonable and not tools for harassment.
Why Having a Lawyer Matters When Insurance Orders an IME in Florida
At All Injuries Law Firm, we’ve seen insurance companies use IMEs as both a tool and a weapon. With decades of experience helping injured people across Southwest Florida, our attorneys—including board-certified workers’ compensation specialists Brian Sutter and Bryan Greenberg—know how to protect clients from these tactics.
“When I worked for insurance companies, I saw firsthand how they used IMEs to minimize injuries and slow down claims. Now, being able to use that inside knowledge to help injured people here in my hometown means a lot to me. We fight to keep the process fair, so clients can get the care and compensation they need without endless delays.” — Attorney Bryan Greenberg, Board Certified in Workers’ Compensation
We also understand how stressful delays feel when you’re waiting for medical care or financial relief. You don’t have to face an IME alone—our attorneys prepare you for what to expect and stand ready to challenge unfair delays.
Key Takeaways About IMEs and Settlement Delays in Florida Accident Cases
Yes, IMEs are legal in Florida.
No, insurers cannot abuse them to unfairly stall your claim.
Courts limit abuse and can step in when insurers overreach.
Experienced attorneys protect you by challenging delay tactics and ensuring fair treatment.
Victory for the Injured. At All Injuries Law Firm, we believe every client deserves justice, recovery, and peace of mind. For many clients, finally overcoming insurer delay tactics and winning their case is a moment they celebrate by striking our office victory gong—a reminder that their fight is over and their future is back in their hands.
If you’ve been asked to attend an IME or your settlement feels delayed, contact us at (941) 625-4878 or visit our offices in Port Charlotte or Fort Myers.
FAQs About Independent Medical Exams (IMEs) and Settlement Delays in Florida
Do I have to attend an Independent Medical Exam in Florida?
Yes. Under Florida Statutes §627.736(7)(a), if you are seeking benefits under your auto insurance or PIP coverage, the insurer can require you to attend an IME. Refusing without good reason could allow the insurer to suspend or deny benefits. Talk to an attorney before you go so you know what to expect.
Can an insurance company delay my settlement by scheduling multiple IMEs?
They can try, but courts limit abuse. Florida courts have ruled that insurers cannot demand repeated or overly invasive IMEs just to stall your claim. Your lawyer can object and ask the court to stop unreasonable exam demands.
Can I bring someone with me to an IME?
Often yes, but it depends on the circumstances and any court orders. Florida courts have allowed observers or recordings at IMEs in certain cases to protect fairness, though insurers sometimes object. Ask your attorney to address this in advance.
What if the IME doctor disagrees with my treating physician?
This is common. IME doctors often issue reports that favor the insurer. Your treating physician’s records and testimony can carry more weight—especially when supported and presented by an experienced attorney. Our firm has overcome adverse IME reports, including a $1.5 million recovery for an auto accident victim.
How do lawyers help with IMEs in Southwest Florida?
Attorneys make sure insurers don’t use IMEs as a delay tactic, prepare you for what will happen, and challenge unfair exams or opinions. At All Injuries Law Firm, board-certified attorneys Brian O. Sutter and Bryan Greenberg have decades of experience advocating for clients in Port Charlotte, Fort Myers, Sarasota, and across Southwest Florida.
Need help now? Call (941) 625-4878 or visit us online at
AllInjuriesLawFirm.com.