Should I Sign the Medical Release Sent to Me by the Other Party's Insurance Company?

Why You Should Never Sign a Blanket Medical Release for an Insurance Adjuster

After a California car accident, the other driver's insurance company may ask you to sign a medical records authorization before it evaluates your bodily injury claim. Although an insurer may have a legitimate interest in obtaining medical information that is relevant to the injuries you are claiming, you should be cautious about signing a blanket medical release that gives the insurer broad access to your medical history. An unrestricted authorization can provide access to records that have little or nothing to do with the accident and may create unnecessary privacy and evidentiary issues.

The important distinction is between providing relevant medical information and giving an adverse insurance company unrestricted access to your entire medical history. If you are pursuing compensation for accident-related injuries, the insurance company is entitled to investigate the claim, but that does not necessarily mean you should give the adjuster unlimited permission to search through decades of unrelated medical records. In a significant personal injury claim, an attorney can help determine what medical information is relevant and how it should be provided.

Key Takeaways

• Be cautious before signing a blanket medical authorization provided by the other driver's insurance company.
• An insurance company may legitimately request medical information relevant to your claimed injuries, but that does not necessarily mean it needs unrestricted access to your entire medical history.
• Pre-existing conditions do not automatically prevent recovery. California law generally recognizes that a negligent defendant may be responsible for aggravating a pre-existing condition.
• Prior medical records can become relevant when they concern the same body part, symptoms, or medical condition involved in the accident.
• A targeted production of relevant medical records can provide necessary evidence while avoiding unnecessary disclosure of unrelated medical information.
• Do not assume that every medical record is either completely relevant or completely irrelevant. The appropriate scope can depend on the injuries being claimed and the circumstances of the case.
• If you have already signed an authorization, do not panic. An attorney can review the document and determine what it permits and what steps may be appropriate.
• Your attorney can help respond to medical-record requests, communicate with the insurance company, and determine what information should be provided as part of the claim.
• Never alter, conceal, or destroy relevant medical records. Medical evidence should be handled honestly and accurately.
• A medical release should be reviewed carefully before you sign it, particularly when you are pursuing a substantial personal injury claim.

Why Is a Blanket Medical Release a Concern?

A medical authorization provided by an insurance company may be written broadly enough to allow the insurer to request records from numerous healthcare providers and covering a substantial period of time. Depending on the language of the authorization, the insurer may seek information concerning prior treatment, diagnostic testing, medications, physical therapy, hospitalizations, or other medical conditions.

Some of that information may be relevant to your personal injury claim. For example, if you are claiming a serious back injury after a collision, records concerning prior back complaints or treatment could potentially be relevant to determining whether the accident caused a new injury or aggravated an existing condition. But an insurer's interest in investigating your claim does not mean that every aspect of your medical history has equal relevance.

A broad authorization can therefore create an opportunity for disputes about medical causation, prior injuries, and the extent of your damages. Rather than treating a medical release as a routine form that should automatically be signed, understand what the document authorizes and consider whether the requested information is reasonably related to the injuries you are claiming.

Can the Other Driver's Insurance Company Ask for My Medical Records?

Yes. If you are making a bodily injury claim, the insurance company has a legitimate interest in investigating the nature, cause, and extent of the injuries for which you are seeking compensation. Medical records, diagnostic studies, treatment notes, and medical bills can be important evidence in determining whether an accident caused an injury and what damages may be associated with it.

That does not necessarily mean the insurer should receive unrestricted access to every medical record you have ever created. The relevance of medical information depends on the nature of your claim. A request for records concerning the same body part or condition may be considerably more relevant than a request for unrelated medical information from many years earlier.

If an insurance company asks you to sign a medical authorization, carefully review what the authorization permits, how long it remains effective, what providers it covers, and what types of records can be requested. If you have an attorney, allow your attorney to review the request before signing it.

Am I Required to Sign a Medical Release for the Other Driver's Insurance Company?

You should not assume that you are required to sign whatever medical authorization an adverse insurance carrier sends you. A third-party insurance company does not become your representative simply because you are making a claim against its insured.

At the same time, refusing to provide any medical information whatsoever can create its own problems. If you are claiming that the accident caused significant injuries, the insurer will reasonably expect evidence supporting the nature and extent of those injuries. The issue is therefore often how relevant medical information should be provided, rather than whether medical information should be provided at all.

An attorney can help determine what records are reasonably necessary to substantiate your claim and can communicate with the insurance company about requests that appear unnecessarily broad. In some circumstances, the appropriate response may involve providing relevant records rather than signing an unrestricted authorization allowing the insurer to obtain records directly from numerous providers.

Can an Insurance Company Look at My Medical History Before the Accident?

Prior medical records can become relevant to a personal injury claim, particularly when they concern the same body part, symptoms, or medical condition involved in the accident. For example, if you claim that a collision caused severe new neck pain, evidence of prior neck treatment may be relevant to determining the condition of your neck before the collision and whether the accident caused a new injury or worsened an existing one.

That does not mean that a prior medical condition automatically defeats your claim. In many cases, the relevant question is whether the accident caused a new injury, aggravated an existing condition, or caused symptoms that would not otherwise have occurred.

For that reason, trying to hide relevant medical history can create serious credibility problems. The better approach is to address potentially relevant prior conditions honestly and use the medical evidence to establish what changed after the collision.

What Is the Eggshell Plaintiff Rule in California?

California recognizes the general principle that a negligent defendant may be responsible for the harm caused to an injured person even when that person was unusually susceptible to injury because of a pre-existing condition. This principle is commonly referred to as the eggshell plaintiff rule.

For example, imagine that someone has a pre-existing spinal condition that is relatively manageable before a collision but becomes significantly worse because another driver's negligence causes an accident. The existence of the pre-existing condition does not automatically allow the at-fault driver to avoid responsibility for the additional harm caused by the collision.

The important issue is determining what harm was actually caused or aggravated by the accident. Medical records from before and after the collision can therefore become important evidence. Prior imaging, treatment records, symptom descriptions, and post-accident diagnostic studies may help physicians distinguish between a pre-existing condition and a new injury or aggravation.

Can I Recover Compensation If the Accident Aggravated a Pre-Existing Condition?

Potentially, yes. Having a pre-existing condition does not automatically prevent an injured person from recovering compensation. If another person's negligence causes an accident that aggravates or exacerbates an existing medical condition, the resulting additional harm may be compensable.

The challenge is often proving the extent of the aggravation. Medical evidence may be necessary to distinguish the person's condition before the collision from the condition afterward. For example, records showing that someone had occasional manageable symptoms before an accident may be compared with post-accident records showing substantially increased pain, reduced function, additional treatment, or new diagnostic findings.

This is one reason why an insurance company's request for prior medical records should not necessarily be viewed as evidence that the claim is invalid. Relevant prior records can sometimes help establish the difference between a person's baseline condition and the harm caused by the accident.

How Can an Insurance Adjuster Use Prior Medical Records?

An adjuster may review prior medical information to determine whether symptoms being attributed to the accident existed before the collision. If the records show treatment for the same body part or similar symptoms, the insurer may argue that some or all of the current condition was pre-existing.

That argument does not necessarily establish that the insurer is correct. A person can have a pre-existing condition and still suffer a new injury or significant aggravation in a later collision. The medical evidence, timing of symptoms, diagnostic findings, treatment history, and opinions of treating professionals may all be relevant.

The important point is that prior medical records can become part of the evidence used to evaluate causation. An attorney handling a personal injury claim should therefore review potentially relevant medical history rather than simply ignoring it or assuming that the existence of a prior condition automatically destroys the claim.

Should I Give the Insurance Adjuster My Entire Medical History?

There is generally no reason to assume that an insurance company needs every medical record you have ever created simply because you are making a personal injury claim. The appropriate scope of medical information depends on the injuries you are claiming and the circumstances of the case.

For example, if you are claiming a shoulder injury, records concerning an unrelated medical condition may have little relevance. On the other hand, records concerning previous shoulder treatment may be relevant to determining your medical condition before the accident.

The goal should be to provide complete and accurate evidence relevant to the claim, not to conceal unfavorable information and not to unnecessarily disclose private information that has no meaningful connection to the injuries at issue.

What If I Already Signed a Medical Release?

If you already signed a medical authorization provided by an insurance company, do not assume that you have permanently surrendered control over your medical records. The first step is to obtain a copy of exactly what you signed and determine what the authorization actually permits.

The language of medical authorizations can vary considerably. Some may be limited in scope or duration, while others may be substantially broader. Depending on the circumstances, an attorney may be able to communicate with the insurance company about the scope of the authorization or take other appropriate steps concerning future requests for medical information.

Most importantly, do not attempt to conceal relevant medical information simply because you are concerned about what the insurer may discover. A personal injury claim should be supported by accurate evidence, and intentionally withholding relevant information can create much more serious credibility problems.

How Should Medical Records Be Provided to the Insurance Company?

There are several ways relevant medical information can be obtained and provided during a personal injury claim. Medical providers can furnish records and billing information, and an attorney can obtain and organize the records necessary to document the accident-related treatment.

A well-organized medical presentation can help the insurance company understand the sequence of events: the person's medical condition before the accident, the onset of symptoms after the collision, diagnostic findings, treatment received, and the person's current condition. When prior medical conditions are relevant, the records can also help distinguish the pre-accident baseline from the changes that occurred after the accident.

The goal is not to overwhelm the adjuster with every medical document imaginable. It is to provide accurate, relevant, and persuasive medical evidence that supports the injuries and damages being claimed.

Can My Attorney Protect My Medical Privacy During a Personal Injury Claim?

An attorney can help you understand what medical information is relevant to the claim and can communicate with the insurance company about requests for records or authorizations. Your lawyer can also review medical records for potentially significant prior conditions, organize the evidence, and address questions concerning causation and aggravation.

That does not mean an attorney can guarantee that unrelated medical information will never become relevant. If you place the nature and extent of your physical or mental injuries at issue in litigation, the scope of potentially discoverable information can depend on the claims being made and applicable discovery rules.

The important distinction is between legitimate discovery of relevant information and casually giving an insurance company unrestricted access to your medical history before determining what information is actually necessary.

What Should I Do If an Insurance Adjuster Sends Me a Medical Authorization?

Read the document carefully before signing it. Look at the scope of the authorization, the types of records it covers, the healthcare providers who may be contacted, the time period covered, and how long the authorization remains effective.

If you are pursuing a significant personal injury claim, consider having an attorney review the authorization before you sign it. Your lawyer can help determine whether the insurer's request is reasonably related to the injuries being claimed and can discuss alternative ways of providing relevant medical documentation when appropriate.

You should also preserve copies of everything you receive from the insurance company, including the original medical authorization, correspondence, emails, and requests for records. Maintaining an organized file can make it much easier to understand what information has been requested and what has already been provided.

What Should I Do After a Santa Clarita Car Accident?

If you have been injured in a car accident in Santa Clarita, Valencia, Saugus, Canyon Country, Newhall, Castaic, Stevenson Ranch, or another Los Angeles County community, seek appropriate medical care and follow your healthcare provider's recommendations. Keep copies of your medical records and bills, document your symptoms and treatment, and preserve photographs and other evidence relating to the collision.

If the other driver's insurance company contacts you for a recorded statement or asks you to sign a medical authorization, do not feel pressured to sign documents immediately. You can ask for time to review the request and, if appropriate, consult with a personal injury attorney about how to respond.

A personal injury claim requires evidence concerning what happened, who was responsible, what injuries resulted, and what damages those injuries caused. Medical records can be some of the most important evidence in that process. Providing relevant medical information is often necessary, but giving an adverse insurance company unrestricted access to your entire medical history is a decision that should be made carefully.

Frequently Asked Questions

1. Am I required to sign a medical release from the other driver's insurance company?

You should not assume that you are required to sign a blanket medical authorization simply because an adverse insurance company requests one. However, relevant medical information may need to be provided to substantiate your injury claim.

2. Why does an insurance adjuster want my medical records?

The insurance company may request medical records to investigate whether the accident caused your injuries, determine the extent of your treatment, evaluate your damages, and identify potentially relevant pre-existing conditions.

3. Can an insurance company look at my medical records from before the accident?

Potentially. Prior medical records may be relevant when they concern the same body part, symptoms, or condition involved in your claim. The appropriate scope depends on the circumstances and the injuries being alleged.

4. Can a pre-existing condition prevent me from recovering compensation?

Not necessarily. A pre-existing condition does not automatically prevent recovery. If another person's negligence causes a new injury or aggravates an existing condition, the additional harm caused by the accident may be compensable.

5. What is the eggshell plaintiff rule?

The eggshell plaintiff principle generally means that a negligent defendant may be responsible for harm caused to a person even when that person was unusually susceptible to injury because of a pre-existing condition.

6. What if I already signed a medical authorization?

Obtain a copy of the authorization and have it reviewed to determine exactly what it permits. Depending on its language and the circumstances, there may be options concerning its scope or future use.

7. Can I refuse to provide all of my medical records?

You should not conceal relevant medical information. However, there can be an important distinction between providing relevant records and giving an adverse insurance company unrestricted access to unrelated medical information.

8. Should I give the insurance adjuster my entire medical history?

Not necessarily. The relevance of medical records depends on the injuries you are claiming and the circumstances of the accident. An attorney can help determine what medical information is reasonably relevant to your claim.

9. Can my attorney obtain my medical records instead of the insurance company?

Your attorney can generally assist in obtaining relevant medical records and organizing them for the claim. This can help ensure that the medical evidence supporting your injuries is properly documented and presented.

10. Can an insurance company deny my claim because I had a previous injury?

An insurer may dispute causation when prior medical records show similar symptoms or treatment, but a prior injury does not automatically defeat a claim. The relevant question may be whether the accident caused a new injury or aggravated the pre-existing condition.

11. Should I sign a medical release before speaking with a personal injury lawyer?

If the authorization is broad or you are pursuing a significant injury claim, consider having an attorney review it before signing. Once an authorization is signed, understanding precisely what information it permits the insurer to obtain becomes important.

12. What should I do if an insurance adjuster pressures me to sign a medical release?

You do not need to make an immediate decision simply because an adjuster sends you a form. Ask for a copy of the document, review its terms carefully, preserve the correspondence, and consider obtaining legal advice before signing a broad authorization.