Good question, here’s some insights from Pendergrass Law;
If you are involved in a personal injury claim, the other party’s insurance adjuster may request to see all the medical documentation or medical treatments regarding your injuries. In some cases, you could be asked to have an independent medical examination (IME).
It is necessary to release specific medical documents to the insurance adjuster, but always be selective about the medical information you share. Before doing so, you should contact a personal injury lawyer, as the insurance company may deny your claim or fight to reduce its value. Insurance companies usually require full access to medical records hoping they will find a ‘pre-existing condition,’ allowing them to deny certain claims.
After the accident, the other party’s insurance adjuster might give you a call or send you a written notice to imply that it is mandatory for you to sign the release of your medical records. It is critical to understand that you are rarely obligated to communicate with the other driver’s insurance company beyond offering contact information and notice of claim. The insurance company may want you to think it is normal to release your medical records when it is not.
At times you might be required to send documents relevant to your personal injury case, including medical visits, billing records, and more. Bear in mind that it’s essential to attend all your medical appointments. You will only raise questions about your injury by failing to do so, and the insurance company will use this against you to reduce your claim.
Necessary Medical Records
Some medical records should be provided with no problems. The insurance company may want to see X-rays of broken bones or an MRI showing specific injuries. The insurance company could also want to see the hospital discharge papers covering the notes of your injuries.
Unnecessary Medical Records
Certain records should not be given to the insurance company under any circumstances. Any medical documentation that is not directly associated with your accident claim should be provided to the insurance company. Moreso, no medical records associated with any pre-existing conditions should be offered. Insurance companies know the law and how to use any medical information they get to their advantage. For example, suppose you are claiming severe back pain as part of your injuries and damages. In that case, the other’s driver insurance company will seek out any prescriptions, procedures, or doctor visits that they could use to prove you have back pain as a pre-existing condition.
Protect Yourself From Insurance Companies
Most people have no experience dealing with insurance companies and may not understand that they will try to reduce or deny the injury claim. It is highly recommended to consult a personal injury attorney before providing any information to the insurance company. When you get an experienced legal team on your side, you will be ensured that you are not giving more information than is necessary. In addition, a top-rated car accident lawyer will advise you throughout your case, helping you to avoid the pitfalls set by insurance companies.
By getting legal help, you can boost your chances of recovering the maximum compensation for your injuries and damages, including compensation for losses such as:
● Lost wages
● Property damage
● Loss of future earnings
● Pain and suffering
Finally, lawyer Pendergrass advises not to release any medical record before seeking guidance from a car accident attorney. They will help you fight for the maximum compensation allowed in your case.
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