What Should You Do When The At-Fault Party’s Insurer Asks For Your Medical Records?
Medical records are crucial after you suffer injuries in an accident because of another person’s negligence. Your medical records can help you establish a connection between your injuries and the accident. These records can help you prove the severity of your injuries. However, if you are in the middle of a personal injury case and an insurance adjuster working for the at-fault party’s insurance company asks you to provide them with your medical records, you need to be careful about how you proceed. Often, insurance adjusters ask for medical records from plaintiffs so they can look for information to use against them. Below is a look at what you should do when the insurance company requests your medical records.
What To Do When an Insurance Adjuster Requests Your Medical Records?
An insurance adjuster might tell you they need your medical records to confirm your injuries. To you, this might seem harmless. Indeed, the at-fault party’s insurer must confirm your injuries before you can be compensated. However, insurance companies often do not request plaintiffs’ medical records to verify injuries. Many times, insurance companies request medical records from plaintiffs to snoop around and see if there is anything they can use against them.
So, what should you do when the insurance company requests your medical records? After an insurance adjuster asks you to give them your medical records, talk to your attorney. Your attorney can help determine if a request is reasonable.
If your attorney finds a request from an insurance adjuster is reasonable, you should not allow the insurance adjuster to speak directly to your doctor. Instead, tell the insurance adjuster you will give them feedback after some time and then talk to your doctor to find out if the records might do you good. If your doctor tells you your records might do you good, obtain and submit the records with the help of your attorney.
Avoid Signing a Medical Records Release
You need to avoid giving an insurance company direct authorization to your medical records. Don’t sign an agreement that gives an insurance adjuster permission to obtain your medical records directly. Also, avoid giving verbal authorization.
What To Do When an Insurance Adjuster Requests a Medical Examination?
Sometimes, when there is a difference in opinion about the nature or extent of a plaintiff’s injuries, the insurance company may request the plaintiff to undergo an examination conducted by a doctor chosen by the insurance company. These second opinions are known as “independent medical examinations.” However, the reality is that these examinations are usually not independent. After an insurance adjuster requests that you undergo an independent medical examination, discuss the request with your attorney. Any request for an independent medical examination requires careful consideration and advice from your attorney.
Contact an Orlando Personal Injury Attorney
Have you suffered injuries in Florida because of another person’s fault? Our Orlando personal injury attorneys at The Pendas Law Firm are here for you. Contact us today to schedule a consultation.
The Pendas Law Firm also represents clients in the West Palm Beach, Fort Myers, Fort Lauderdale, Daytona Beach, Bradenton, Ocala, Tampa, Miami, and Jacksonville areas.
Source:
law.cornell.edu/wex/negligence
