In general, you should not release your medical records to insurance after an accident. Instead, you can discuss your case with a personal injury attorney. The insurer could end up using any material you give them against you as you seek compensation.
When you work with a lawyer, they can determine what to tell the insurance companies and handle all forms of evidence, including medical records.
Why Does Insurance Want Your Medical Records?
When you suffer a personal injury accident of any kind—whether it be a car accident, maritime accident, truck accident, or something else—insurance companies will send someone out to investigate:
- The cause of the accident itself
- The consequences of the accident
- The damages and injuries that resulted from the accident
Both your own insurance company and the at-fault party’s insurance company will send an insurance adjuster to investigate the accident. Their investigations may include multiple steps, including asking you questions about your experience and your subsequent injuries. They may also want you to provide relevant documentary evidence, such as medical records or accident-related bills and receipts.
What an Investigation Will Reveal
The goal of insurance investigations is to determine:
- Who caused the accident
- Whether or not to pay some or all of the compensation you requested
- Whether or not to raise your insurance premiums (and, if so, by how much)
In other words, the outcome of their investigation can have a huge bearing on your future. If they conclude that you deserve compensation, you could have a much easier time affording your medical care and day-to-day expenses. If not, you could be left in dire financial straits.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientWorking with Insurance After an Accident
It is important to cooperate with insurers as they investigate your accident, but that does not mean you should release your medical records to insurance after an accident. At the very least, you should speak with a personal injury attorney about your rights and obligations first.
When any insurer—including your own—contacts you about the accident, tell them that they should talk to your lawyer rather than to you directly. Then:
- Give them your lawyer’s contact information, or hire a lawyer if you have not already done so
- Do not respond to any further communications from the insurer
- Tell your lawyer if the insurer tries to contact you directly again
How an Attorney Can Help
Your attorney can act as a “middleman” and relate all messages from the insurance company to you and vice versa. They could also:
- Attend any interviews with you, making sure that you have someone to turn to if you get confused and the insurer does not try to manipulate you into saying things you do not mean
- Prepare you for any and all interviews
- Examine all evidence before sending it to the insurer
- Ask to see evidence the insurer has collected and use that evidence to build your own case
- Address all of your questions and concerns about your case
- Negotiate with the insurer for a fair settlement
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientInsurers May Attempt to Undervalue or Deny Your Claim
Be aware that insurance companies may:
- Ask you to record a statement about the accident, so they can review the recording over and over again later
- Ask you questions in a way designed to confuse you or make you “confess” to causing the accident
- Offer you a fast settlement that does not meet all of your needs (accepting such a settlement would prevent you from seeking more compensation later)
- Claim they have evidence that proves you caused the accident, that your injuries are not accident-related, or that your injuries are not as bad as you say
Some insurers do not even wait for accident survivors to leave the hospital before asking them for medical records or interviews. This may not give an accurate reflection of all your damages, including future medical care expenses.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientMedical Records and Financial Compensation From an Insurer
If someone else caused your accident, they may owe you monetary compensation. Their insurance company may preemptively offer you a settlement, but since there is no guarantee this settlement will accurately reflect your injuries, you may want to hire an attorney to pursue compensation for you.
To receive this compensation, you must take the following steps:
- Start a lawsuit in time—CC Art. 3492 generally gives Louisiana residents two years from the date of their accident to bring a personal injury case.
- Ask for an amount that accurately reflects all of your physical, emotional, and financial losses
- Back up the amount you ask for with as much evidence as possible, including medical records, photos, police reports, and more
- Determine whether it would be best to try negotiating for a pretrial settlement first or to take your case directly to court in search of a jury award
Medical records can play a major role in determining whether or not you get the compensation you ask for—or any compensation at all. They contain crucial information regarding:
- When you first sought treatment for your injuries
- All of the facilities and doctors you have gone to for treatment
- What tests and treatments you have undergone
- How much your treatments cost
- Your overall prognosis—in other words, whether your doctor thinks you will fully recover or will continue to experience symptoms for life
They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.
ClientCall Us After an Accident Before Releasing Your Medical Records to an Insurance Company
Laborde Earles wants you to know that you should not release your medical records to insurance after an accident without talking to us. You have a right to legal representation when making an insurance claim.
We know how to talk to insurance companies. Call for a free consultation today.
