Should I Release my Medical Records to the Other Driver’s Insurance Company?

The quick answer is NO! Absolutely not, and I’ll get into that in a second.

An injury can put you out and cause you untold suffering as well as have you out of work for weeks at a time. This may be due to an auto accident, work injury, medical malpractice, or a variety of other situations. Most people have some form of insurance to help tide them over in the event of an accident. This is especially true when it comes to drivers. Insurance companies are required by law to pay out claims as part of their deal. However, there are certain things you need to pay attention to shortly after an accident.

If you were injured, the insurance company of the other person involved in an accident may request to see your medical records. These companies usually claim to do this in order to determine how much you’re entitled to. However, the real reason insurance companies want access to these records is so that they can single out certain conditions or injuries and attribute them to pre-existing conditions.

Insurance companies usually have no right to access these records as they’re protected by a confidentiality agreement. Most accident victims are not conversant with the law and aren’t aware of the circumstances within which these companies can ask for these kinds of records.

For instance, insurance company requests regarding access to your medical records need to be cleared by your attorney – no exceptions. The important thing here is to seek legal help BEFORE handing out sensitive medical information to the other party as their only goal is to use the information against you in order to reduce the amount of money they need to pay out. Non lawyers and insurance adjusters may think I’m being paranoid here, but I promise you their only intention is lowering the value of your claim.

However, it’s important to note that these companies may have a right to access your health records as long as their requests fall within the reasonable scale. After consulting your doctor, you may ask them to remove inaccurate information or write an accompanying note. You should only provide the bare essentials and nothing else. You must ONLY do so after consulting with your attorney.

Some insurance companies promise injured parties some form of payment in exchange for their medical records; this is an underhanded tactic which you must resist at all costs! Your lawyer may even be able to get a protective order to bar the insurance company from accessing your medical records.

If you’d like to discuss the facts of the case with me, please call 1-800-ATTORNEY day or night.

Category: Lawyer's Advice