Alyssa Lane
When making an insurance claim, it is common for insurance companies to request medical records. While they have the right to validate your claim, they do not have the right to view all of your medical records. Insurance adjusters will often ask for copies of all of your medical records, saying that they are necessary to verify the injuries you've suffered. However, they will also look for any information that can be used to devalue or deny your claim. For this reason, it is recommended that you consult a lawyer who can control how the information is disclosed and ensure you receive fair compensation.
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What You'll Learn
- Insurance companies can request medical records to verify injuries and policyholder's negligence
- They can use medical records to devalue or deny claims by pointing to previous injuries
- It is not uncommon for adjusters to try to access your past medical records to get an upper hand in your case
- You can protect yourself by having a lawyer review the records before sending them to the insurance adjuster
- If the insurance company is hassling you over your medical records, it might be time to talk to a lawyer
Insurance companies can request medical records to verify injuries and policyholder's negligence
When seeking compensation for injuries caused by a negligent person, an insurance company may request access to your medical records. While they have the right to validate your claim, they do not have the right to view all of your medical records.
Insurance adjusters will often ask for copies of all your medical records, saying they are necessary to verify the injuries you've suffered. However, they will also look for any information that can be used against your current claim. For example, they will try to find previous injuries or accidents that could explain your current injuries, which they can use to devalue or deny your claim.
If you've sent a demand letter as part of personal injury settlement negotiations, you've likely already sent some medical records to the adjuster. They will want documentation surrounding your injuries and medical treatment, and in some situations, you might be asked to undergo an "independent medical examination" (IME).
You don't have to comply with requests for medical records if they seem unrelated, inappropriate, or dishonest. You can ask the insurance adjuster for the exact reasons for their requests and, if you're not satisfied, you can decline as it invades your privacy. You can also have a lawyer request the records before sending them to the insurance adjuster, who can then vet them and decide which requests are reasonable. They can also advise you of your rights and help you cooperate with the insurance adjuster without compromising your claim.
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They can use medical records to devalue or deny claims by pointing to previous injuries
When accident victims seek compensation for medical bills stemming from their injuries, insurance companies often require substantial proof of the harm they have suffered. While an injury victim has the right to refuse permission for their medical records to be accessed, doing so will almost certainly result in the denial of the insurance claim.
Insurance adjusters will often ask for copies of all of your medical records, saying that they are necessary to verify the injuries you’ve suffered. However, there is often another reason for this request. They can use medical records to devalue or deny claims by pointing to previous injuries. For example, if you suffered a back injury in a previous accident but are now claiming a back injury as a result of a car accident, it’s likely that the insurance company will try to pin your current back pain on your previous back injury. That way, the insurance company can try to devalue your claim or deny it altogether.
Claims adjusters will look through medical records to determine the value of the claim and to find reasons to deny your claim. They will closely look over your medical history and try to find previous injuries or accidents that could explain your current injuries. This is a common insurance company tactic. By pointing to previous injuries/accidents, insurers try to argue that you are not entitled to the compensation that you have requested – or at least that you are not entitled to as much compensation.
If the insurance company is hassling you over your medical records, or pushing you to attend an IME—or they're just not taking your claim seriously—it might be time to talk to a lawyer. It’s extremely important that you speak with a qualified personal injury attorney if your insurance company has denied payment of benefits because of any pre-existing medical conditions. Attorneys have the knowledge and experience necessary to deal with this insurance tactic.
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It is not uncommon for adjusters to try to access your past medical records to get an upper hand in your case
When dealing with insurance companies, it is important to remember that they are for-profit businesses, and their end goal is to pay as little on a claim as possible. While they do need to confirm that you have actually suffered the injuries you've claimed, insurance adjusters will often look through your medical records for any information that can be used to reduce what they have to pay or deny your claim altogether. For example, they may try to attribute your current injuries to a previous accident or pre-existing condition. This is a common insurance company tactic to devalue or deny your claim.
To protect your rights and ensure you receive fair compensation, it is recommended to work with an experienced personal injury lawyer. A lawyer can control how your medical records are disclosed, providing the insurance company with only the records they need and preventing them from snooping through your entire medical history. They can also help you object to a subpoena and seek a protective order from the court if the insurance company attempts to access your records through legal means.
If you choose to handle your own personal injury claim, be cautious of the insurance adjuster's tactics. They may try to pressure you into agreeing to release your medical records over the phone or take advantage of your lack of knowledge of the law. Remember that you have the right to an explanation for any request that invades your privacy, and you do not have to give a verbal agreement or sign a release without first reviewing it with an attorney.
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You can protect yourself by having a lawyer review the records before sending them to the insurance adjuster
When making an insurance claim, it is likely that the insurance company will request your medical records. This is because they need to confirm that you have actually suffered the injuries you are claiming. However, insurance adjusters will often look through your medical history to find previous injuries or accidents that could explain your current injuries and reduce the value of your claim.
In addition, a lawyer can help you to review your medical records thoroughly and identify any important information that is missing. For instance, your doctor might have told you about the long-term effects of your injuries, but this may not be included in your medical records. A lawyer can advise you to request a report from your doctor to clarify the issue and strengthen your claim.
Furthermore, a lawyer can deal with the insurance company on your behalf, ensuring that you don't feel pressured into signing a release that gives them access to all your records. They can also help you to object to a subpoena and seek a protective order from the court if necessary.
Overall, consulting a lawyer before sending your medical records to an insurance adjuster can help to protect your rights, ensure that you receive fair compensation, and reduce the stress of dealing with insurance companies.
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If the insurance company is hassling you over your medical records, it might be time to talk to a lawyer
If an insurance company is hassling you over your medical records, it might be time to talk to a lawyer. Insurance companies frequently request medical records when evaluating claims. While they do need to confirm that you have actually suffered the injuries you've claimed, they will also look through your medical history for any information that can be used to devalue or deny your claim. For example, they may try to attribute your injury to a pre-existing condition.
You don't have to comply with requests for medical records if they seem unrelated, inappropriate, or dishonest. You can ask the insurance adjuster for the exact reasons for their requests, and if you're not satisfied with their answers, you can decline on the grounds of invasion of privacy. However, without medical records, your insurance claim will most likely be denied.
If you're unsure of how to handle the situation, an experienced personal injury lawyer can help you protect your rights and ensure you receive fair compensation. They can advise you on which records are relevant to your claim and control how they are disclosed. They can also deal with any attempts by the insurance company to access your medical records through a subpoena or court order.
If you've already sent a demand letter as part of personal injury settlement negotiations, you've likely already sent some medical records to the adjuster. In this case, a lawyer can still help you identify which records the insurance company needs and give them only those records.
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Frequently asked questions
Yes, insurance companies frequently request medical records when evaluating claims. However, they do not have the right to view all of your medical records and will often try to use your medical history to undermine your claim.
You should ask the insurance adjuster for the exact reasons for their request and inform them that you will discuss it with your attorney before agreeing to anything. You can also request the records yourself, review them, and remove any irrelevant information before sending them to the adjuster.
It is important to remember that insurance companies are not working with you for your benefit and will try to get you to settle for the lowest amount of compensation possible. To protect yourself, you should consult with an experienced personal injury lawyer who can control how your medical records are disclosed and ensure you receive fair compensation.
