A phone lies face up on a bare wooden table in warm daylight beside a blank notepad and a pen, its screen dark.

The recorded statement and the examination, put to the same eight questions

Who asks, on whose authority, who pays, what is produced, who holds it, what you are obliged to do, what follows a refusal, and how the product may be used later. One half of this pair is written into statutes and court rules. The other is governed by a contract you signed.

Updated September 21, 2026 Intermediate
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Two requests arrive in most injury files, usually weeks apart, and they are named in the same breath often enough to be treated as one thing. Would you give us a recorded statement. We would like you to attend an independent medical examination. They are not one thing. Put to the same eight questions — who asks, on whose authority, who pays, what is produced, who holds it, what the person is obliged to do, what follows a refusal, and what may be done with it afterwards — they come apart, and the most useful part of the answer is where one of them has no answer at all.

Nothing here says whether to speak or to attend. That turns on facts an article cannot see and on a document only the reader holds.

The word in the name

Start with independent, because it is the part most readers take on trust.

Five instruments were read here that authorise or govern an examination of an injured person’s body at another party’s request. The word appears in none of them as a description of that examination.

Minnesota’s no-fault act authorises an examination “by a physician or physicians selected by the obligor” — the obligor being the insurer from whom recovery is sought — and heads the whole section COOPERATION OF PERSON CLAIMING BENEFITS. Spain’s motor liability statute speaks of «los servicios médicos designados por cuenta del eventual responsable»: the medical services appointed on the account of the eventual liable party. Rule 35 of the United States Federal Rules of Civil Procedure says “a suitably licensed or certified examiner”. Three drafters, three careful ways of naming who commissioned it, and no adjective claiming what it is not.

One instrument does legislate independence, which is why it is worth reading. Under Part 35 of the Civil Procedure Rules of England and Wales, “It is the duty of experts to help the court on matters within their expertise”, and — the sentence that matters — “This duty overrides any obligation to the person from whom experts have received instructions or by whom they are paid.” A rule like that exists because instruction and payment are understood to pull the other way. Note its limits: it governs experts in proceedings, not an insurer’s appointment before anyone has sued, and it works procedurally rather than by adjective, requiring the report to state the substance of all material instructions and providing that once a report is disclosed, “any party may use that expert’s report as evidence at the trial.”

Who asks, and on whose authority

For the examination, the authority is written down. Minnesota’s is a statute: a person claiming benefits “shall, upon request of the reparation obligor from whom recovery is sought, submit to a physical examination… as may reasonably be required”, and the same subdivision separately authorises obligors to put reasonable examination provisions in their policies — statute first, contract second. Spain’s is a statute too, and phrased as a duty that runs from the moment the harm occurs. Federally, the authority is a court’s: an order may be made “only on motion for good cause and on notice to all parties and the person to be examined”.

For the recorded statement, this cell is empty, and it stayed empty deliberately. The terms recorded statement and examination under oath were searched in seven instruments read for this article — two Minnesota statutes, Florida’s unfair claim settlement practices provision, Kentucky’s unfair claims regulation, Maine’s, the District of Columbia’s, and the English protocol. No occurrence in any of them. The authority for the request, if there is one, is the cooperation clause of an insurance policy, which is a contract, which this article has not read and cannot read for anybody.

It is worth noticing what the same drafters did regulate. Kentucky’s regulation names exactly one kind of examination of a person and conditions it precisely: “Insurers shall not request or require any insured to submit to a polygraph examination unless authorized under the applicable policy, certificate, contract, or applicable law.” A regulator that reached for the policy to locate the authority for one request left the other unmentioned.

Whether your own market runs a no-fault first-party benefit at all — which is what makes the statutory examination machinery above live rather than theoretical — is in the jurisdiction notes below.

Who pays, and what is produced

Minnesota allocates the cost in a sentence: “The costs of any examinations requested by the obligor shall be borne entirely by the requesting obligor”, and requires it to be held in the injured person’s own city or town. Spain allocates it the same way, letting the insurer obtain private expert reports «a su costa» where what the claimant supplied is insufficient. England and Wales inverts the pairing rather than balancing it: in a soft tissue injury claim the claimant selects the expert through an accredited portal, and where liability is admitted the defendant must pay for the resulting fixed cost medical report as part of the Stage 1 fixed recoverable costs.

What comes out is a document, and the instruments describe it. Rule 35 requires a written report setting out in detail the findings, “including diagnoses, conclusions, and the results of any tests”. Minnesota requires at least one report that “set[s] out in detail the findings and conclusions”. Spain calls it «el informe médico pericial definitivo» and then does something the others do not: it makes that document a required attachment to any valid reasoned offer of settlement, and provides that an insurer who withholds it cannot produce expert medical reports later in court.

For the recorded statement, only one instrument read here describes the product, and it is a discovery rule rather than a claims rule. Rule 26(b)(3)(C) defines a previous statement as a signed or adopted written statement, or “a contemporaneous stenographic, mechanical, electrical, or other recording—or a transcription of it—that recites substantially verbatim the person’s oral statement”. Nobody’s cost is allocated, because typically nobody is engaged: the person asking is an employee of the party who wants the answer.

Who holds it afterwards

Four of the five examination instruments give the person examined a route to the report. Minnesota: on request, a copy of every written report. Rule 35(b)(1): the moving party must, on request, deliver a copy to the person examined. Spain goes furthest, having the medical services deliver the definitive expert report to the insurer and the injured person alike, Minnesota then adds a second layer that is easy to miss: it is an unfair settlement practice for an insurer to arrange an examination without telling the insured that the right to ask for the report exists.

For the recorded statement the route is narrower and conditional. Rule 26(b)(3)(A) treats material prepared in anticipation of litigation by or for a party or its “insurer” as work product. Rule 26(b)(3)(C) then carves out the exception that “Any party or other person may, on request and without the required showing, obtain the person’s own previous statement” — a real and unqualified right to one’s own words, which operates inside a pending action and not on the afternoon the statement is taken. Minnesota reaches the object by a different door, requiring a complete copy of the claim file within ten business days of a written request, excluding internal memoranda and work product — but that duty is owed to an insured claiming benefits, not to the person on the other side of the crash. Maine’s private right of action is drawn the same way: it belongs to “A person injured by any of the following actions taken by that person’s own insurer”.

What is required, and what follows a refusal

Both halves involve a duty somewhere, and the difference is where it is written. Spain requires the injured person to give «la colaboración necesaria» for the appointed medical services to examine them and follow the course of the injuries; Minnesota requires submission to examination and, beyond it, doing “all things reasonably necessary” to let the obligor obtain medical reports. Spain also requires something of the claimant that looks like a statement and is not: the pre-suit claim must contain «una declaración sobre las circunstancias del hecho» — a declaration about the circumstances of the event — written, assembled by the claimant, sent by the claimant, and needing no figure attached.

The consequences, where an instrument names one, are narrower than the advertising suggests. Spain: a failure of the collaboration duty “constituye causa no imputable a la entidad aseguradora” for default-interest purposes — an interest consequence, tied to one article of the insurance contract law, not the end of a claim. Minnesota: “evidence of such non-cooperation shall be admissible in any suit or arbitration”. Federally there is nothing to refuse until a court has ordered it. For a recorded statement, nothing read here answers, and the honest sentence is that the answer is in the policy.

The section’s claim readiness checklist, on its injury mode, carries one item on examinations arranged on the other side’s account, written as a question rather than an instruction, for this reason.

One more thing worth holding, from a regulator rather than a legislature: Kentucky forbids insurers to make statements indicating that a third-party claimant’s rights “may be impaired if a form or release is not completed within a given period of time”, unless the statement is notifying them of a limitation period. Pressure of that kind, attached to a request for paperwork, is the thing a regulator thought to name.

What we cannot tell you

We cannot tell you what your policy’s cooperation clause requires, because it is your document and there is no common text. Where the examination is concerned the statute usually comes first; where the statement is concerned, the contract is all there is.

We cannot tell you whether declining either one is held against a person in practice. No court’s published opinion was opened for this article; everything above is statutes, court rules, a protocol and a regulation, which say what may be required and what may follow, not what an adjudicator makes of a refusal.

We could not read California’s fair claims regulations, which would have been the obvious sixth instrument for the recorded-statement half: the host that serves them is one this section has been unable to reach. Nevada’s legislature returned a block page on the day this was written. Neither is described from memory here.

How long your own insurer has to respond to a claim once it is made is also in the jurisdiction notes below, and it matters here for a specific reason: in Spain the sanction that makes the expert report reachable is bolted to the answering clock, and a market with no clock has nothing to bolt it to.

Rules in your jurisdiction

Deadlines, fault rules and minimum coverage differ by state and country. Pick yours to see the rules that apply to this topic.

Select a jurisdiction to see its rules.

Frequently asked questions

Is an independent medical examination actually independent?

The instruments read for this article do not use the word. Minnesota's no-fault act authorises an examination «by a physician or physicians selected by the obligor», and heads the section COOPERATION OF PERSON CLAIMING BENEFITS. Spain's motor liability statute refers to «los servicios médicos designados por cuenta del eventual responsable» — the medical services appointed on the eventual liable party's account. Rule 35 of the United States Federal Rules of Civil Procedure says «a suitably licensed or certified examiner». Three drafters, three ways of naming who commissioned it, and no adjective claiming otherwise. The one instrument that does legislate independence is Part 35 of the Civil Procedure Rules of England and Wales, and it applies to experts in court proceedings rather than to an insurer's pre-suit appointment.

Can I get a copy of what I said, or of what the examiner wrote?

For the examination, in four of the five instruments read here, yes. Minnesota requires that, if the person examined asks, a copy of every written report be delivered to them, and separately makes it an unfair settlement practice for the insurer not to tell the insured that this right exists. Rule 35(b)(1) of the United States Federal Rules of Civil Procedure says the party who moved for the examination must, on request, deliver a copy of the examiner's report. Spain goes further and has the medical services give the definitive expert report to the insurer and the injured person alike. For the recorded statement the position is narrower: Rule 26(b)(3)(C) lets any party or other person obtain their own previous statement on request and without any special showing, but that is a discovery rule and it operates inside a pending action.

What actually happens if someone declines?

Where an instrument says, it says something narrow. Spain treats a failure to give the collaboration needed for the appointed medical services to examine the injured person as a cause not attributable to the insurer for the purposes of default interest — an interest consequence, not the loss of the claim. Minnesota provides that evidence of non-cooperation is admissible in any suit or arbitration. Under the United States Federal Rules of Civil Procedure there is nothing to decline until a court orders an examination, and an order may be made only on motion for good cause and on notice. For a recorded statement, nothing read here answers the question, because the duty, if one exists, is in the policy.