If you have been involved in a car accident, you will undoubtedly find yourself working with an insurance company- either your personal car insurance company or the opposing party’s insurance provider. In either case, the insurance company adjuster is trying to validate your side of the story and to determine the true extent of your injuries. During the investigation of your claim, they may ask you to release your medical records to them. Even though you may be telling the truth about your injury, it is extremely important to be cautious about releasing your medical records to anyone.
Medical Records are Private Unless You Release Them
After a car accident, the insurance company will try to ask you many questions and personal information. They will attempt to get your medical records. It is important to know that you are in no way obligated to release this information to them. The United State’s HIPAA Law was enacted by Congress in 1996 to protect patients rights. The law firmly states that a person’s medical records are strictly confidential and are not to be shared. The only legal way a person’s medical history can be shared is if the patient gives written authorization releasing the information to a specific individual or entity. Thus, an insurance company is only allowed access to your records if you give them authorization.
Reasons Why You Should Not Release Your Medical Records
You should never feel pressured from any insurance company to hand over information that you do not want to. Although you may feel like you have something to prove, remember that your medical records are private information that they do not need to have. There are many reasons not to share your medical records with an insurance company.
Authorizing Access to Your Medical Records Will Give the Insurance Company Access to Your Full Medical History
The insurance adjuster wants to view your medical records in regard to the injury from a car accident. The problem is that when you sign a medical release form, it will give them full access to your entire medical history. This amount of information is too broad and outside the scope of the car accident injury. It is very intrusive. Oftentimes, the insurance adjuster is looking into your past medical history to see if they can find a pre-existing condition in order to deny your claim.
Insurance Adjusters are Working to Save Their Company Money
The role of the insurance adjustor is to investigate a claim and determine the amount of money that the claim is worth. At the end of the day, insurance adjusters are trying to keep money in their company. They will want to settle by paying the lowest amount of money they can get away with. As such, they treat injuries with skepticism. If you have an insurance company that is asking for your medical records, contact an experienced car accident attorney to learn more about maintaining your privacy rights.
Consult with an Attorney Before Signing Any Records Release
If you have been injured in a motor vehicle accident, the first thing you should do is seek medical attention. It is always important to put your health first. However, your medical records are confidential under the law. It is always smart to consult with an attorney (particularly if you need a disability lawyer) before signing over any form releasing your medical records.
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