Do I have a duty to followup on Geico scheduling an IME for my Client if I am trying to build a bad faith case against then? It’s been over a month and no phone call to schedule. They also offered only $8k on a neurosurgeon who notes in his report, a) he didn’t have the physical CD for imaging b) he didn’t have the property damage photos from subsequent accident 4 days later and c) a $6k property damage estimate was “minimal”. Thoughts?

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I don't see why you would have such a duty. Let them do the bare minimum and use that fact to help build your bad faith claim.

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You most certainly do not. If the deadline passes, it’s on them. You can object if they schedule past deadline and you can object to your client having to fill out any forms. The attys I worked with would even attend the IME/CME (sometimes required a court order to even limit how much time they could take). GEICO is the WORST at offering presuit and will fight tooth and nail after litigation starts. Every GEICO case we’ve handled has literally settled on the Eve of trial, so full speed ahead (and some bluffing) heading the trial.

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Agree, we file on 90-100% of our Geico cases, usually 1P is better than 3P

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Did the Court impose a scheduling deadline for the IME? If so, you can wait for the date to come and go, then if they try to schedule, object to it since it wasn’t timely.

This is presuit not Rule 35

This is presuit as they said they want to do an IME as allowed under the contract, but I’m trying to give a reasonable amount of time before filing an IFCA (Insurers Fair Conduct Act) Complaint, Breach of K and Bad Faith Complaint

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