Should I Release My Medical Records to Another Driver’s Insurance Adjuster?
If you or someone you love is injured due to the fault of someone else’s negligence, you should constantly keep the at fault person’s insurance company up to date when it pertains to your medical bills and records. By doing this, you are increasing your chances of settling your personal injury claim without the need to file a personal injury lawsuit. Typically, if the insurance adjuster for the at-fault driver contacts you after an accident either by mail or telephone, they may ask to get access to your medical records. In some cases, they may ask you to sign release forms or authorization form. Here are some examples of the most commonly requested authorization and release forms: property damage release checks, release of all liability and claims form, and medical authorization release forms. In some cases, the adjuster will ask for a signed authorization to obtain your medical records. In this blog post, we will discuss what to do when another driver’s insurance adjuster asks for you to sign a medical records authorization form.
When an Insurance Adjuster Requests a Medical Records Authorization
To start, medical records are considered highly sensitive and protected material. As such, Federal law (HIPAA) and Florida law requires physicians and their staff to keep your medical records confidential unless disclosure is authorized. Medical records should only be available to those who need to know or have been given authorized consent. When the opposing party’s insurance adjuster asks for you to sign a medical records authorization form, you may be unsure as to how to handle the situation if you’re handling your personal injury claim on your own. To start, in any conversation with an insurance adjuster, try to be as polite and professional as possible. But we must stress that it is not a good idea to sign a medical records authorization form allowing an adjuster to retrieve all of your medical records. Instead, it is a better idea to send your medical records over yourself or have your attorney handle that as part of your personal injury claim. First of all, authorization forms are usually very broad in scope. The first reason you shouldn’t sign an insurance company’s medical authorization release form is because they are usually too broad in scope. This means you never know what types of medical records will be requested by the insurer and what medical records will be received. Overall, it is best to avoid this all together because it is an invasion of your privacy and ultimately may allow the insurance company to obtain medical records that are outside of the scope of the injury you sustained in the car accident that is the subject of your claim. Our recommendation is that you obtain the actual medical records from your own doctors and hospital first. Then, go over the documents yourself and review them thoroughly. Make sure that the records you ultimately send to the opposing party’s adjuster pertain to the personal injury claim that is currently at issue. Additionally, do not send over medical records that pertain to a prior injury or any medical records that are unrelated to your current injury.
Contact a Personal Injury Attorney in South Florida Today!
Personal injury law and the laws pertaining to medical records can be confusing and dealing with illness and doctors can be nerve-racking. If you would like to obtain legal assistance with a personal injury claim or if you would like to learn more about your rights should one arise, the attorneys at Suarez & Montero would be happy to explain more about the various ways that our law firm and attorneys can provide legal help and guidance with your personal injury claim. If you’re not sure whether to hire an attorney or handle the claim yourself, you can always get a free consultation to evaluate all of your options. Most law firms don’t charge for an initial office visit and can review your case and possibly point out some information about your case you hadn’t considered. Retaining an attorney can result in a much higher net settlement, if not, at least you had a highly trained professional review your case for free. Simply make an appointment with us at one of our many locations. Let us help you get the medical care you need and fight to make sure you are compensated for your injuries! Our attorneys are ready to provide proven legal representation in pursuing your claim and stand ready to protect your rights. We are available 24/7 to give you a free, no risk case consultation.
We serve clients throughout Florida including those in the following areas:
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