If you want to pursue a car accident claim after sustaining injuries in a crash, the insurer may request to see your medical records. They will corroborate these records with the medical bills you want to pursue compensation for. However, the insurance company cannot view your records unless you authorize them by signing a release form. To protect your claim, you want to consult with a Philadelphia, PA car accident attorney first before you allow the insurer to access your medical records.
What Will the Insurance Company Do with Your Records?
An insurance company will want to access your medical records to learn information about your accident. When they request access to your records, they may say they need to verify your injuries before they will compensate you. Unfortunately, this may not be the only reason they want your medical records.
The insurance provider may find the information they can use to devalue your claim or deny it. For example, they may find information that you have a pre-existing injury due to a previous accident. They may argue that your current injuries have to do with the past accident, not the recent one. Also, the company may look for inconsistencies in the statement you make throughout your medical care.
How to Handle the Insurer’s Request
If the insurance company of the at-fault driver has requested access to your records, you should wait until you speak with an attorney. Your lawyer can review the request, inform you about your legal rights, and communicate with the insurer for you.
In some instances, the insurance provider may try to trick you into giving unnecessary access to your records, so they can pay less for your claim. To protect yourself from this approach, have your attorney request your records, so they can review them before giving them to the insurer.
Moreover, you should also avoid signing a blank release form because this will provide the insurance company with access to your records. You can limit the scope of information you can share with the company by listing just your treating doctors and hospitals. Giving too much information the insurer doesn’t need will just motivate them to look for reasons to diminish or deny your car accident claim.
As an injured car accident victim, you have the right to maintain privacy in terms of your medical history. If you fail to reach a settlement with the insurer and your case goes to court, your attorney can argue this issue, strengthening your position.
