Should you sign a medical release for the insurance company after an accident? Generally, personal injury lawyers recommend against signing any forms releasing your medical information to the insurance company.
Providing the insurance company with this information can weaken your personal injury claim, making it more difficult for your attorney to obtain compensation for all your losses. Therefore, it is recommended you contact a lawyer before signing any paperwork from the insurance company.
You can learn more about the impact of medical release forms on your claim with our team at Berry Law. Call or fill out our online contact form to get started.
What’s a Medical Release Form?
Medical release forms allow insurance companies to access your medical records. The company requires your signature due to privacy protections in the U.S., including HIPAA regulations.
While signing a medical release can provide information about your injuries, it may also allow insurance adjusters access to many details about your health and well-being which may be irrelevant to your injury claim. These records may damage your claim.
The professionals recommend that you always consult with a personal injury lawyer before signing a medical release.
Why Shouldn’t You Sign a Medical Release for the Insurance Company?
Insurance adjusters may claim that they require the information to move forward with your claim. They may even tell you that giving them the information will help you receive compensation for your losses.
However, lawyers generally recommend that you should not sign a medical release after an accident. Signing a release after an accident could let the insurance company:
Dig Into Your Past Medical History
Insurance companies prioritize protecting their bottom line after an accident. Therefore, they want to find reasons not to cover your expenses so they can avoid paying out money to cover your medical bills and other losses.
They often request access to your medical records so they can review your medical history. If they find previous injuries in your medical record, they can try to blame these events for your current health issues, which may reduce your compensation.
Gather Incomplete Information
Sometimes, insurance adjusters ask for access to your medical records immediately after an accident. If you give them access, they may look through your records before doctors determine the full scope of your injuries.
The insurance company can then claim that you require relatively minor medical care, which may impact the compensation you receive after an accident.
Invade Your Privacy
Your medical record may contain sensitive and private information about your health throughout your life. When you release your medical history, it can give multiple individuals at the insurance company access to your entire health history.
Should You Ever Sign a Medical Release After an Accident?
Generally, lawyers recommend against signing a medical release for insurance companies after an accident. However, your attorney may approve of releasing your medical records to your own insurance company.
Sometimes, your insurance company may require your medical records to handle your medical bills properly. However, if you feel unsure about the release in any way, you can speak with a lawyer to confirm you’re taking the correct steps with your claim.
Berry Law’s Team Provides You With Multiple Attorney Perspectives
Should You Release a Medical Report to the Insurance Company?
Sometimes, insurance adjusters request a single medical report after an accident instead of access to your medical history. Many individuals consider agreeing to this request after an accident.
However, your lawyer may recommend that you refuse the request. If your lawyer agrees to allow the company access to a medical report, you may want to avoid allowing insurance adjusters to speak directly to your doctor.
Keep in mind that doctors may charge for creating this kind of report after an accident.
Should You Agree to an Independent Medical Exam?
If you refuse to release medical reports to insurance adjusters after an accident, the company may request that you submit to an “independent” medical examination. They may claim they just want a second opinion about the severity of your condition.
Your lawyer may advise against agreeing to allow such an examination as it may improperly prevent you from securing full compensation for your losses.
Does the Insurance Company Need Any of Your Medical Records?
Insurance companies may need to view some of your medical records following an accident. However, this does not mean you should sign a medical release for insurance after an accident.
Instead, your lawyer can provide specific advice about the records you can give to insurance representatives. Depending on your situation, a lawyer may advise you to give the company the following:
- Medical documents relating directly to the injuries caused by your accident
- Test results (like those from an x-ray) to show your injuries if you broke a bone
- Documents proving that you received treatment for your injuries
Insurance companies use information directly related to the accident to validate the accuracy of your claim. However, they do not need information about your pre-existing conditions or past medical history.
In addition to refusing insurance adjusters access to your medical records, ensure that you do not discuss your health history with any company representatives.
Speak to Us After an Accident
Should you sign a medical release for insurance after an accident? In almost all cases, the answer to this question is ‘no.’ You can speak with a personal injury lawyer from Berry Law about handling conversations with insurance adjusters after an accident.
We’re ready to support your legal needs when you call or fill out our online contact form.