Should I release my medical records to another driver’s insurance adjuster?

This question Should I release my medical records to another driver’s insurance adjuster? has been a big concern for many.

Damages are the compensation that you receive from the at-fault driver’s insurance company. Economic damages compensate you for your medical expenses, lost wages, future lost earnings, and out-of-pocket expenses related to your crash.

Non-economic damages compensate you for your pain and suffering. Personal injury attorneys fight on behalf of their clients to get them the maximum compensation possible.

They do this by proving the victim’s expenses with invoices, receipts, and financial documents, and then they fight to prove the victim’s subjective, traumatic experience to justify a higher settlement amount.

Timothy J. Ryan & Associates warns that there are many ways to jeopardize how much a victim receives in damages. One of those ways is by releasing their medical records to the other driver’s insurance adjuster.

The more money the insurance pays out in your settlement, the less they keep in profit. Therefore, the insurance companies have every incentive to deny payment or reduce it to an amount far less than you deserve. They are not your advocate, but an attorney is.

Also, the reason why you should not sign a medical release form to give the insurance company permission to view your medical records are:

  • They can see records of pre-existing conditions and use them to deny your claim
  • They will use any information in your records that suggest that your injuries were caused by other reasons irrelevant to the accident
  • They will use any information in your file to undermine your case

What types of damages are awarded in personal injury cases?

Economic damages are the most common types of damages that are awarded in personal injury cases, but if the injuries are severe, then they can be quite high. Economic damages compensate victims for their medical expenses related to their treatment, lost wages, future lost earning potential, and other miscellaneous costs related to the accident, such as repairing or replacing their vehicle.

Non-economic damages are another type of damages that are awarded in personal injury cases, and they compensate victims for their physical pain and emotional suffering.

Because medical expenses can often make up the bulk of economic damages, insurance companies take great pains to avoid having to pay the full amount that a victim is requesting.

Victims of car crashes, slip and falls, defective products, and other personal injury accidents can suffer traumatic brain injuries, spinal cord injuries, broken bones, whiplash, head and neck injuries, burns, or cuts and bruises.

These injuries can range from mild to severe. Treatment for these injuries may include surgery, lots of rest, and physical rehabilitation.

Victims of accidents should focus on their recovery by limiting their physical exertion. They must diligently attend all appointments with specialists and physical therapists. Failure to follow the treatment plan could result in a denied claim.

What should you not say to a claims adjuster?

There are some things that you can say that will undermine your personal injury claim and reduce how much compensation you can recover:

  • Never admit fault after a car accident. An investigation will prove who is at fault, so you shouldn’t accept responsibility before the evidence is thoroughly examined.
  • Never speculate about what caused the crash. Conjecture will not help your case.
  • Do not describe your injuries to the insurance adjuster
  • Do not say that you were unhurt in the crash. Symptoms for serious injuries like whiplash and internal bleeding do not show up for several hours, but there are other injuries with latent symptoms that you could be suffering from.

Do insurance adjusters surveil you?

Insurance companies want to protect their reputations and their bottom line, so if they face paying out a large settlement, they might spy on claimants to gather information to use against them so that they can justify denying their claims or paying the least amount possible.

They will watch you closely to increase your liability or to find out if you had any pre-existing conditions that caused your injuries rather than the accident.

Furthermore, they may also look for proof that your injuries have not affected your quality of life as much as you say they have.

For example, they may stalk your public social media profiles to see if you are still playing with your kids, doing work around your home, or enjoying other activities.

What do insurance investigators look for?

Insurance companies will use the Internet, passive surveillance at active surveillance to spy on you. They may hire a private investigator to follow you if they suspect you of fraud or talk to your neighbors, coworkers, or relatives about you.

They will search through any public social media profiles you have for photos and videos that you have posted that they can take out of context to prove that you are not as hurt as you say you are.

They will check:

  • Facebook
  • LinkedIn
  • Twitter
  • Instagram
  • TikTok
  • Tumblr
  • A personal website or blog
  • Google

Other information and documents that they could request include:

  • Bank statements
  • Credit card statements
  • Mortgage documents
  • Loan statements
  • Proof of motor vehicle registration
  • Your criminal history
  • Your driving history
  • Telephone records

How can an attorney help me?

A personal injury attorney helps you recover your damages and build a strong case for you so that the insurer cannot refuse your settlement request. A personal injury attorney uses their years of experience negotiating with insurance companies to advocate on your behalf.

Accident cases are rarely straightforward, so you need an attorney with the resources to thoroughly investigate and compile the evidence to support your claim.

One of the most valuable resources personal injury attorneys have is access to expert witnesses, who are authorities in highly-specialized fields. Medical professors, forensic scientists, accident reconstructionists, and law enforcement specialists are different types of expert witnesses.

They can be deposed to explain to a judge how or why an accident or an injury occurred. Testimony provided by expert witnesses can help establish the facts in your case and liability.

Call Car Accident Attorney Timothy J. Ryan Now

The sooner you call to set up your free consultation with a car accident attorney, then the sooner you can receive the settlement you deserve after suffering financial and non pecuniary losses stemming from your car accident.

You can also get expert legal guidance on what you should and should not do as you proceed in your case. You are not alone, and you should not give up hope. Reach out to car accident attorney Timothy J. Ryan today at 714-908-9069.


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