If you’ve been injured in a car crash, you should not release your medical records to another driver’s insurance company without first talking to a lawyer. Your medical records contain sensitive details about your health, including diagnoses, treatment details, and personal history. You don’t need to expose more information than is necessary for your claim.
Our attorneys at Kogan & DiSalvo could advise you of your rights regarding your medical records and serve as your advocate in a personal injury claim against the other driver. We will help you work toward the result you desire.
What If An Insurance Adjuster Asks For My Medical Records?
When interacting with an insurance adjuster representing the at-fault driver’s insurance company, it’s essential to approach the situation cautiously.
Remember that insurance companies are primarily motivated by profit. Their main goal is to minimize liability and pay out as little as possible. By obtaining your medical records, the other driver’s insurer gains insight into your medical history, which they may try to use against you to devalue or dispute your claim.
An Insurance Adjuster Wants to Talk to My Physician. What Should I Do?
Sometimes the other driver’s insurance company might want to speak directly to your doctor instead of requesting your records. Unless your attorney advises, do not allow an insurance adjuster to interact with your healthcare providers. If they insist, your attorney can collect the information they are requesting from your physician. If they believe it could help your claim, a medical report will be created and provided to the insurance agents.
Weighing the Pros and Cons
Before deciding whether to release your medical records, you and your attorney will consider potential benefits and drawbacks, which can include the following:
- Impact on Claim Evaluation. Releasing your medical records may help the insurer better understand the extent of your injuries and support your claim. However, it also gives them access to potentially unrelated medical information that could be used to challenge the validity or severity of your injuries.
- Privacy Concerns. Releasing your medical records means sharing personal health information with the other driver’s insurer. This raises concerns about potential consequences, such as increased insurance premiums or difficulty obtaining coverage.
- Legal Protection. Your attorney can negotiate on your behalf, ensuring that only relevant medical information is shared, and help you understand the broader implications of releasing your records.
How Can Kogan & DiSalvo Help?
Our team of Florida car accident lawyers can provide advocacy and guidance tailored to your case, including:
- Evaluate Relevance: Our team can review your medical records and determine what is relevant to your claim so that only necessary and supportive information is disclosed to the other driver’s insurer, minimizing risk.
- Negotiate and Communicate: We handle all communication with the other driver’s insurer, including negotiating on your behalf so that your interests are represented, and any attempts to exploit your medical records are challenged.
- Maximize Your Compensation: We gather evidence and assess damages to build a solid case to support your claim while ensuring your medical records are handled appropriately.
Contact Kogan & DiSalvo for a Free Consultation
Our experienced team of personal injury attorneys is passionate about fighting for injury victims and their families. We know that legal victories never come from a one-size-fits-all approach; they result from individualized attention, rigorous preparation, and hard work. If you have concerns about releasing your medical records, schedule a free consultation. We can answer your questions and determine if you have a viable claim. Since we work on a contingency basis, there are no upfront legal fees.