Key Takeaway
Court confirms doctor's affidavit is sufficient proof of IME non-appearance when it includes proper address details from scheduling letters.
No-fault insurance disputes frequently involve disagreements over whether claimants properly appeared for Independent Medical Examinations (IMEs). When a patient fails to show up for a scheduled IME, insurance companies must provide adequate documentation to support their denial of benefits. The question often arises: what constitutes sufficient proof of a no-show?
The Appellate Term’s decision in Trimed Med. Supply, Inc. v ELRAC, Inc. provides clear guidance on this evidentiary standard. This case reinforces established precedent while highlighting a specific detail that strengthens the documentation requirements for proving IME non-appearance.
Jason Tenenbaum’s Analysis:
Trimed Med. Supply, Inc. v ELRAC, Inc., 2010 NY Slip Op 52057(U)(App. Term 2d Dept. 2010)
This case represents nothing new. I like, however, the nomenclature that is found in the bold portion of the holding:
“the affidavit submitted by the doctor who was to perform the IMEs of plaintiff’s assignor established that the assignor failed to appear for IMEs in the doctor’s office, which was located at the address set forth in the IME scheduling letters”
**I thank a frequent reader who pointed out that my original title erroneously stated “EUO” as opposed to “IME”. The appropriate change has been made.
Key Takeaway
The court’s emphasis on the doctor’s office being “located at the address set forth in the IME scheduling letters” underscores the importance of consistency between scheduling documentation and the actual examination location. This detail helps establish that the claimant received proper notice and had clear directions to the correct location, strengthening the insurance company’s position when defending benefit denials based on IME no-shows.
Legal Update (February 2026): Since this 2010 decision, New York’s no-fault regulations have undergone several amendments, particularly regarding IME scheduling procedures and documentation requirements under 11 NYCRR Part 65. Practitioners should verify current provisions regarding acceptable proof of non-appearance and any updated evidentiary standards that may affect IME dispute proceedings.
