Auto Insurance: Accessing Your Medical Records

Auto insurance companies may request access to your medical records following a road accident. However, they cannot do so without your written permission. It is important to note that you should only share medical records that are directly relevant to your injuries and not your entire medical history. This is because insurance adjusters may try to use your medical history to undermine your claim by arguing that your injuries are not a direct result of the accident or are related to a pre-existing condition. Therefore, it is recommended that you consult a lawyer before granting an insurance company access to your medical records.

Auto insurance companies need your consent to access your medical records

After a car accident, an insurance adjuster will likely contact you about your injuries and may ask you to sign an authorization form to release your medical records. However, you should not give auto insurance companies access to your medical records until you have consulted a lawyer. Signing a blanket release gives an insurance company access to all your charts, notes, and X-rays, including information unrelated to the accident.

Your medical records would also include any statements you made to your healthcare providers while obtaining treatment, and these can be used against your current claim. Insurance adjusters will often look through your medical records for any information that can undermine your claim. For example, they will try to find previous injuries or accidents that could explain your current injuries, allowing them to devalue or deny your claim.

In the United States, the Health Insurance Portability and Accountability Act (HIPAA) of 1996 ensures that no one can access your health records without your consent. This means that insurance companies cannot access your medical records without your written permission.

If an insurance company is requesting authorization to access your medical records, you can politely decline and consult a lawyer instead. A lawyer can help you navigate the situation, review the request, and advise you on how to proceed. They can also take over communication with the insurer and provide them with only the relevant documents they need to process your claim.

It is important to note that insurance companies do need to confirm that you have suffered the injuries claimed. Therefore, when filing a claim, you should provide medical records directly related to the injuries from the accident, such as X-rays, documentation of the treatment received, and proof of the kind of treatment recommended.

You should only share medical records relevant to your injuries

When dealing with auto insurance and medical records, it's important to remember that insurance companies will often try to find a reason to deny or devalue your claim by reviewing patients' medical histories. They will closely look over your medical history and try to find previous injuries or accidents that could explain your current injuries. For example, if you previously suffered a back injury and are now claiming a back injury from a car accident, the insurance company will try to attribute your current back pain to your previous injury. That way, they can try to deny or devalue your claim.

So, when it comes to sharing your medical records with auto insurance companies, it's best to only share records relevant to your current injuries. You should not sign a blanket medical release form, as this gives the insurance company access to any medical records they want. They have no incentive to help you and every incentive to work against you.

Instead, you can supply the necessary documents yourself. You can request and compile the relevant documents and deliver them to the insurer, keeping the rest of your health information private. This way, you can control what information the insurance company receives and protect your privacy.

Remember, insurance adjusters will request your medical records to evaluate your injury claim. They may also ask for an independent medical examination (IME) to resolve differences of opinion about the seriousness of your injury, its long-term effects, or its cause. While you may be required to agree to an IME in certain situations, such as when making an injury-related claim under your own insurance policy, you can politely refuse in other cases.

To protect your interests, it's recommended to consult with a personal injury attorney who can guide you on what medical records to release and communicate with the insurance company on your behalf. They can help ensure that only the relevant records are shared and protect your right to fair compensation.

Insurance adjusters will look for pre-existing conditions

When you submit a personal injury or car accident claim to an insurance company, it will go through an evaluation process, carried out by an insurance claims adjuster. The adjuster will assess your claim and submit a recommendation to the insurance company on whether or not to issue an acceptance.

Insurance adjusters will often ask for copies of all of your medical records, claiming that they are necessary to verify the injuries you've suffered. However, they will also be looking for any information that can be used against your current claim. They will closely examine your medical history and try to find previous injuries or accidents that could explain your current injuries. For example, if you suffered a back injury seven years ago and are now claiming for a back injury as a result of a car accident, an insurance adjuster will try to attribute your current back pain to your previous injury. This way, the insurance company can attempt to devalue or deny your claim.

Insurance adjusters can also tell the age of vehicle damages. They will check your car thoroughly and take pictures from multiple angles to ensure that the damage is fresh and not old damage. If there is pre-existing damage, the insurance adjuster will make a note of it and it is their job to locate damage other than that caused by the accident you are claiming for.

It is important to note that you do not have to give an insurance company permission to access all of your records. They do not need to know about any pre-existing conditions or any other medical information unrelated to the injury. If you are unsure about what to share, it is recommended that you consult an attorney who can advise you on what to provide and what to withhold.

Medical records help determine the value of your claim

Medical records are often one of the most important pieces of evidence in an injury case. They detail your diagnosis, treatment, and the cause of your injuries. They are used to prove that you suffered an injury and to establish a connection between that injury and the accident. This information is crucial in determining the value of your claim.

The insurance company will want to verify that your injuries are a direct result of the accident. They will look at the original injuries presented to the healthcare provider and when they were treated. This information helps determine the insurer's liability. Seeking treatment for your injuries as soon as possible after the accident is important, as delays may cause the insurer to question the validity of your claim.

The insurance adjuster will also want to know your estimated recovery timeline. This includes the prognosis for your maximum medical improvement (MMI), or when you have recovered as much as possible from your injuries. The length of your recovery and the types of treatment required will affect the value of your claim. More extensive injuries typically result in larger settlements to account for future medical care.

Additionally, your medical records can help establish that you did not have a pre-existing injury or condition. Insurance companies often try to devalue claims by arguing that a pre-existing condition, rather than the accident, caused your injuries. However, it is important to note that even if you have a pre-existing condition, you may still be entitled to compensation if the accident aggravated your previous injury.

To protect your claim, it is recommended to consult with an experienced attorney before disclosing your medical records to the insurance company. An attorney can help ensure that you only provide the relevant records and protect your privacy. They can also review the insurance company's requests and advise you on how to respond. Remember, you are not obligated to release your full medical history and can decline unreasonable requests for additional records.

Speak to a lawyer before granting access to your medical records

If you've been in a car accident and are dealing with an insurance company, it's normal to feel overwhelmed. You might be in pain, unable to work, and buried under a pile of medical bills. It's tempting to do whatever you can to receive the money you deserve. However, insurance companies are aware of this and will try to use it to their advantage.

An insurance adjuster will often ask for copies of all your medical records, saying they are necessary to verify your injuries. However, they will also be looking for any information that can be used against your claim. For example, they will look for previous injuries or accidents that could explain your current injuries. This information can be used to devalue or deny your claim.

Before granting access to your medical records, it's important to speak to a lawyer. Signing a blanket release form gives an insurance company access to all your charts, notes, and X-rays, including information unrelated to the accident. Your medical records may also include any statements you made to your healthcare providers while obtaining treatment.

There are other ways to give insurance companies the information they need without signing a release form. A lawyer can help you request and compile the relevant documents and deliver them to the insurer while keeping the rest of your health information private. They can also review any requests from the insurance company and advise you on how to proceed.

In some cases, insurers may act in bad faith and try to trick you into providing unnecessary access to your records. A lawyer can help protect you from these tactics and hold the insurer responsible.

Additionally, a lawyer can walk you through the claims process, allowing the insurance company limited access to your information while protecting your right to comprehensive damages. They can identify the medical records the insurance company needs and provide only those records, nothing more and nothing less.

Remember, insurance companies are not working with you for your benefit. They want to settle for the lowest amount of compensation possible to protect their bottom line. By speaking to a lawyer first, you can ensure that you don't give them anything that can be used against you and that you get the full compensation you deserve.

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