Medical records are not only highly personal and confidential, but they can also play a part in car accident cases. While it's common to sign a release for your personal injury attorney to gain access to your accident-related medical records, no one else involved in the case has that right. Read on to find out what to do when the at-fault driver's insurer asks for your medical records after an accident.
Reasons for the Medical Records Request
When the other side—typically the insurance company or the legal representatives of the at-fault party—requests access to your medical records after a car accident, it usually means they are investigating your claim for compensation. There are several reasons why they might make this request:
Assessing the Extent of Injuries: The other side may want to review your medical records to understand the extent and severity of your injuries resulting from the car accident. This information helps them evaluate the legitimacy of your claim and the amount of compensation you may be entitled to receive.
Evaluating Pre-Existing Conditions: They may be looking for pre-existing medical conditions that could potentially have been exacerbated or falsely attributed to the accident. This is to determine how much of your current injuries and medical treatment are directly related to the accident.
Comparative Negligence: In some states, if you have a pre-existing condition, it could be used to argue comparative negligence, suggesting that you were partly responsible for your injuries due to the pre-existing condition.
Verifying Medical Expenses: Access to your medical records allows insurance companies or opposing council to verify the medical expenses you claim as part of your damages. They may check whether the treatments you received were necessary and reasonable.
Identifying Potential Fraud: Insurance companies may request medical records to identify any possible signs of insurance fraud or inconsistencies in your claim.
Independent Medical Examination (IME): In some cases, the other side may request access to your medical records as part of preparing for an IME, where a doctor of their choosing evaluates your injuries independently.
It's essential to be cautious when providing access to your medical records. Before releasing any information, consult with an auto accident lawyer. An attorney can review the request, ensure that you comply with legal requirements, and protect your rights during the negotiation or litigation process. They can also help you determine what information is relevant and necessary to provide in the context of your car accident claim.
