You should never sign a release authorizing the opposing party’s insurance company to access your medical records without first talking to an experienced car accident lawyer who is on your side. A reputable car accident attorney will generally advise against signing a medical release form because it could give the insurance company access to your entire medical history.
Insurance companies are in business to make money. Their goal is to pay as little as possible on claims. Obtaining your entire medical history is one strategy insurance companies use to find evidence against you. The insurance company does not need your entire medical history to process your claim. Your attorney can determine what records the insurance company needs and provide them to the insurance company on your behalf.
Why Do Insurance Companies Ask for Medical Records Release Forms?
A medical release form authorizes your health care providers to release your medical records to the party you specify on the form. Under HIPAA privacy laws, no health care provider can disclose information about your medical history or give documents to a third party without your written consent. Therefore, insurance companies must obtain your consent to access your records.
What Information Does the Insurance Company Need?
Any insurance company legitimately needs medical documentation to verify your injuries before paying on your claim, but it does not need access to your complete medical file. Rather than signing a release form, control the information the insurance company gets by obtaining and providing the records to the insurance company yourself. Your attorney can handle this for you. The insurance company is only entitled to relevant car accident medical records, such as the following:
- Emergency room records following your car accident
- X-rays and other test results after the car accident
- Records of your doctor visits following the accident
- Accident-related physical therapy records
- Medical billing records
- Care attendant records
Only in rare circumstances will the insurance company need information about a previous condition. Typically, if you claim the car accident aggravated a pre-existing condition, they will need records regarding the condition from before the accident. However, this applies to limited cases. The safest course is to have our knowledgeable car accident lawyers determine what documents the insurance company needs and provide them for you.
How a Medical Release Can Hurt Your Car Accident Case
The insurance company may tell you it cannot process your claim unless you sign a medical release. If you comply, insurance company representatives can talk to your doctors and receive written copies of your medical records from years before the accident. Unfettered access to your doctors and medical files allows insurance claims adjusters to use your medical history against you.
If possible, the adjuster will claim your injuries stem from a pre-existing condition or past accident rather than the accident. The insurance company can use this as a basis for denying your claim. For example, if you have ever been diagnosed with osteoporosis or previously broken a bone, the adjuster could say that your injuries occurred before the car accident.
The adjuster may even use your medical history to blame you for the car accident and refuse to cover any damages. For example, suppose you previously had a concussion or a stroke. The adjuster may say that caused your accident rather than the at-fault driver.
Only Tell the Insurance Company What It Needs To Know
Even if you rightly refuse to sign a medical release form, claims adjusters attempt to learn everything they can about your medical history. You do not have to provide any information unrelated to your accident.
If you decline to provide your medical records, the adjuster may attempt to persuade you to disclose irrelevant information about your medical history, such as the following:
- Health conditions you have previously been diagnosed with
- Your history of injuries, even dating back to childhood
- Whether you have been diagnosed with mental health conditions
- Your symptoms since the accident
- Whether you have ever experienced similar symptoms
- How often you visit the doctor
- The date of your last physical examination
You do not have to answer these questions, nor are you obligated to talk to the opposing party’s insurance company. When you have our hand-picked group of elite attorneys on your side, we will handle all communications with the insurance company for you, guard your private health information, and advocate for your interests.
Will I Ever Need To Sign a Medical Release Form for an Insurance Company?
Your attorney may advise you to sign a medical release form in limited circumstances. However, insurance companies generally cannot require it as a condition for paying compensation. You always have the right to control who accesses your personal health information. If you do sign a medical release form, you can limit the information accessible by the insurance company. Your attorney can assist with this to ensure the insurance company can only access what it needs to know.
Do I Have To Sign a Medical Release Form for My Own Insurance Company?
You do not have to sign a medical release form for your own insurance company, nor should you. Your insurance company doesn’t need to know your medical information unless it is paying your injury claim. Texas and Louisiana are at-fault states for auto insurance, meaning the other driver’s liability insurance pays your compensation.
Your insurance company only pays if the at-fault driver is uninsured or underinsured. In such a case, your car insurance company may request a medical release, but the same rules apply. Like the at-fault driver’s insurance company, your insurance company will also seek to save money on your claim and could use your medical records against you. Rather than sign a release form, you can provide copies of the medical documents your insurance company needs. Our award-winning car accident lawyers at Shamieh Law can help you obtain your records, determine what records the insurance company needs, and send them on your behalf.
Let an Experienced Car Accident Lawyer Handle the Insurance Company for You
When you have our caring and skilled car accident lawyers on your side, we will advise the insurance company that we are your lawyers and that all communications must go through us. You will not have to talk to the adjuster, obtain your medical records, or wonder if you should sign any documents. We know what to say and what not to say, and we will send the information your insurance company needs—and nothing more.
We understand the unique challenges you face when you have been through a traumatic car accident, and we take pride in helping you through this difficult time. Our winning with awareness philosophy drives us to put ourselves in your shoes and treat you with the respect, dignity, and compassion you deserve while focusing on winning fair and full compensation.
Schedule Your Free Consultation Today
When you have been injured in a car accident, you deserve full compensation for your injuries. The insurance company is not on your side, and the adjuster will use any available information against you if possible. Giving the adjuster more information than necessary needlessly provides the insurance company with ammunition.
Before signing any documents or speaking to the insurance company, let our compassionate and experienced injury lawyers guide you. Contact us today to schedule your free case review.
