Why You Shouldn’t Give an Insurance Adjuster Your Health History
In Kentucky, it’s fairly common for insurance adjusters to reach out to victims of personal injury and ask for a statement and medical release. It may seem like a harmless formality and the adjuster may put you at ease by showing concern and empathy about your recovery.
However, there is a reason why experienced personal injury attorneys advise their clients against signing anything or giving a statement to insurance adjusters (even if it looks like ‘routine paperwork’) without legal representation. You should speak with a reputable personal injury lawyer in Kentucky to strongly negotiate your claim for damages with the insurance providers and obtain your rightful compensation.
Gaps in Medical History Can Be Used to Deny Your Injury Claim
If you have recently had a car accident, slip and fall incident, or any other personal injury, you may be worried about bills and medical expenses. By signing your medical release early, you may just end up delaying the claim settlement.
Gaps in medical history can be held against you. This is why you should not share anything other than your post-accident medical records with the insurance company during a negotiation or settlement process.
Insurers will dig through your files to find evidence to reduce or deny the claim. The other party’s insurance company may fool you into signing the release that gives them access to all your medical history.
Your medical records in the wrong hands can do a lot of damage to the claim. Your claim may be severely reduced if the other side proves that your injuries are from an earlier accident or a pre-existing condition.
Incomplete Medical Records Devalue Personal Injury Claims in Kentucky
While you should be ahead of the statute of limitations, you may negatively impact the compensation amount when you file a claim too early. Soon after your accident, your medical records are incomplete. This is especially true if the physicians and doctors haven’t yet registered Medical Maximum Improvement (MMI).
You won’t know the extent of your injuries and the treatment required unless you have achieved MMI. This makes it essential to wait until you have complete medical information to accept a settlement.
Medical Records Contain Confidential Information
You may essentially agree to release all your personal medical information by signing a medical release form following the accident. The insurance company may use the information for denying the claim or lowering the compensation amount.
The adjuster may say your injuries are pre-existing and try to reduce the claim. By signing a medical release form, you essentially waive away your HIPAA protections.
You should have your attorney read the privacy agreement before signing the medical release. Insurance companies don’t need to know your confidential information. They only require details about the current injury. The main reason they want to access your medical history is to find reasons to deny or reduce the claim amount.
Signing a Medical Release could Weaken Your Injury Claim
Signing a medical release form allows an insurance company to rummage through your personal records. Your accident may have made a pre-existing condition worse. Moreover, the insurance company may argue that the accident did not alter the condition in any way and that you were already suffering from the condition.
Medical record release forms can be used for weakening a claim, even if there are no pre-existing injuries. The insurance adjuster will look at your medical records and try to settle the claim prematurely. In fact, the insurance company may deny the claim entirely after looking at incomplete information.
It’s critical that you carefully review the medical release form. They should be as comprehensive as possible, and you should be 100% certain before signing the authorization form.
Let a Trusted Attorney Deal with the Insurance Company about Your Medical Records and Other Documentation
A seasoned personal injury attorney will ensure that the insurance company receives relevant medical records and nothing else. You will need to provide the insurance company with proof of your injury if you want compensation.
In relation to this, you can limit their access to only accident-related documentation. An attorney can protect you from any unethical actions or behavior on part of the insurance provider.
Insurance adjusters are trained to be fairly pushy and use different tactics to encourage or push a victim into signing the medical release form. This is why you should hire an injury attorney early.
They can take care of all communications with the insurance company and skillfully negotiate on your behalf. Your attorney will also ignore any attempts to derail the claim while securing the necessary evidence required to prove the case.
Talk to a Skilled and Knowledgeable Personal Injury Attorney – Book Your Free Consultation Today
The experienced personal injury attorneys at John H. Ruby & Associates will aggressively pursue justice and fight for maximum compensation on your behalf. Our attorneys will take over any communications and negotiations with the insurance provider so that you can focus all your energy and attention on recovering from your injury.
To schedule your free, no-obligation consultation with one of our lawyers, call us at (502) 895-2626 or fill out this online contact form.