If you are injured in a slip and fall or other premises liability accident and file a claim for compensation with the insurance company, they will assign an insurance adjuster to investigate and settle your claim. As part of their investigation, the adjuster may ask you to sign an authorization for release of your medical records to them.
While this request may appear innocent, you should not agree to it. You could seriously weaken your claim and have to accept less than you deserve in your settlement.
Two Reasons Not to Sign the Insurance Company’s Medical Authorization Release
Because your injuries are the basis of your claim with the insurance company, your medical records are essential to proving the seriousness of your injuries and the damages you are entitled to. However, the medical authorization forms that insurance companies use are blanket authorizations that request all of your medical records, not just the ones associated with your accident. You do not have to give them access to your entire medical history to settle your claim.
So why does the insurance adjuster want you to sign their medical release? They may be looking for information that they can use to deny your claim or pay you less money. Here’s how they use medical records to do that:
- Pre-existing injuries. The insurance adjuster would look at your medical records for pre-existing injuries you suffered. If they find any, they could use the information to argue that your current injury was caused by a prior incident and not your premises liability accident.
- Inconsistent statements. The insurance company may review your doctor’s notes for statements you made that are inconsistent with what you told them or others. They may use your statements to argue that you are not a credible witness or that your injuries are not as serious as you claim.
What Is the Best Way to Handle the Insurance Company’s Request for Your Medical Records?
You should never sign any legal documents—including the insurance company’s medical authorization—without first consulting with an experienced premises liability attorney. They can revise the authorization so that it only releases the medical records that the insurance company truly needs or can provide them with these records on your behalf.
Your lawyer can also take over communications with the insurance company so that you do not make other inadvertent mistakes that may hurt your case. They will also negotiate your settlement so that you receive all that you deserve in your settlement.
Were you injured in a premises liability accident in Norfolk? Call our office to schedule your free case evaluation to learn about your options and how we can help you.