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Can The Other Driver’s Insurance Company Obtain My Medical Records After An Accident?

Torem & Associates

Being involved in a motor vehicle accident is a traumatic event. After the crash, you need to seek medical attention for your injuries. Even if you do not believe you are seriously injured, it is always best to be checked by your physician. Some symptoms may not appear for a few days while other “minor” aches and pains may continue to grow worse in the weeks and months after the accident. Symptoms that do not go away or become worse could be signs of a more serious injury.

In addition to seeking medical treatment for your health and well-being, you need to see a doctor to document your injuries. It is not enough to prove the other driver caused the accident, you must also prove you were injured in the accident. Medical records are the most common and accepted form of evidence proving a person was injured in a collision. Therefore, seeing a doctor benefits your health and protects your right to recover compensation for your injuries. An insurance company could use a delay in treatment to argue your injuries did not occur in the traffic accident.

Can An Insurance Adjuster Get Copies Of My Medical Records?

In most cases, we will release relevant copies of medical records to the insurance company as part of our settlement demand. Copies of medical records we may include in our demand settlement include:

  • Emergency room reports
  • Copies of diagnostic tests (i.e. MRI, ultrasound, CT scans, etc.)
  • Blood test results
  • Pharmacy records
  • Radiologist reports
  • Physical therapy reports
  • Hospital records
  • Doctor’s reports and notes

We release these medical records as part of our settlement demand to substantiate our allegations for compensation. We only want to release the records that are relevant to your traffic accident. However, if you sign a medical release before you consult with our office, the insurance company may already have your medical history.

Why Does The Insurance Company Want My Past Medical Records?

The insurance adjuster may encourage you to sign a medical release before you meet with an attorney so the insurance company can “verify” your injuries to pay your claim. If you sign a medical release, the insurance company can legally obtain copies of your medical records. The insurance company may not limit its medical records request to records related to the traffic accident. It may request copies of all of your medical records.

Obtaining copies of your entire medical history is done in an attempt to deny or reduce your claim. The company wants to search through your medical history for past accidents or medical conditions it can use to argue that your current condition is not a result of the accident. The insurance adjuster has one job — to protect the insurance company by reducing its liability for the accident. If the adjuster can do this by alleging your injuries are not caused by the accident, he will do so.

Don’t allow an insurance adjuster to push you into signing a medical release before you consult with an attorney. Get the facts about accident claims before you make a costly mistake. It does not cost you anything to discuss your case with one of our Fresno car accident attorneys.

Were You Injured In A Fresno, CA or Central California Valley Traffic Accident?

Contact Torem & Associates by calling (888) 500-5000 or use our convenient online contact form to schedule a free consultation with an experienced Fresno personal injury lawyer.


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