If you must file a claim for compensation for your injuries in a motorcycle accident, the negligent driver’s insurance company may ask you to sign a release to obtain your medical records. They may claim that they need them as part of the investigation of your claim.
While it is true that you will have to submit your medical records, having the adjuster get them directly is not a good idea. You could actually weaken your case. Here are three reasons that you should say no to this request.
#1: You Could Hurt Your Settlement
While the insurance company needs your medical records to settle your claim, they may also have other motives when asking you to sign a medical release. The insurance company’s authorization for medical records is most likely a blanket release that would allow access to all of your medical records.
The insurance adjuster could look through your entire medical history to see if you complained about or were treated for an injury to the same body part hurt in your motorcycle accident. They could argue that your current injuries were due to a prior incident and not your crash. They would use this tactic to try to deny your claim or force you to accept less than the full amount you deserve in your settlement.
#2: Your Privacy Would Be Invaded
Giving the insurance company access to your entire medical history would be an invasion of your privacy. There could be sensitive, private information about you that the insurance company does not need to know to settle your claim and that you have a right to keep private.
#3: Your Records Would Be Incomplete
Another reason that you do not want to let the insurance company obtain your medical records is that they would be incomplete so soon after your motorcycle collision. You could need months or longer of medical treatments before you fully recover or receive a final prognosis if you suffered permanent injuries. You do not want the insurance adjuster to base a decision on how much to offer you in a settlement on medical records that are not complete.
What Should You Do If the Insurance Company Asks You to Sign a Medical Authorization?
If the insurance adjuster asks you to sign their medical release, you should politely say no. Then you should retain an experienced motorcycle accident lawyer immediately if you have not already done so. A lawyer will take over all communications with the insurance company, provide them with the medical records they truly need, and negotiate your settlement.
If you were injured in a motorcycle crash in Virginia Beach or Norfolk, call our office today to schedule a free consultation. Our skilled and compassionate attorneys will explain your options to you, answer your questions, and fight with the insurance company so that you receive the maximum recovery you are entitled to.
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