Auto Accident Traps: Medical Authorization Release

Signing a broad medical authorization after an auto accident can give insurers unrestricted access to your health records and weaken your claim—be cautious and consult an attorney first.

Car Accidents
March 13, 2019

Auto Accident Traps: Medical Authorization Release

Have you or a loved one been hurt in a car accident? Do you need to file an accident claim with the at-fault driver’s insurance company? If so, you have some critical decisions to make. These decisions can make or break your accident claim.

Being asked to give a recorded statement will usually be the first. Another critical decision is being asked to sign a medical authorization release form.

Patients must sign a HIPAA medical authorization release, before their medical records are released. The medical records related to your accident are needed to complete your claim. That’s not why they want you to sign the medical authorization release form.

The insurance adjuster wants to see “all” of your medical records. Not only the records related to your auto accident. They do this in an attempt to tie past medical records to the injuries you have listed in your claim. This tactic helps to deny your claim or reduce your compensation.

Doctor’s Notes Tactic

The insurance company wants to explore the doctor’s notes from your accident related treatment. Injury symptoms often won’t appear until days or weeks after the accident. You may have severe neck problems, that weren’t mentioned during your initial treatment. Because of this, the insurance company may say they aren’t related to the accident.

Pre-Existing Condition Tactic

Another area of interest is your past medical treatment. Have you had prior broken bones or surgeries? You may have complained of a stiff neck during a medical exam five years ago. The adjuster may use this to claim you have a pre-existing neck injury.

Eggshell Client Tactic

Do you have unrelated health issues that need frequent visits to the doctor? The insurance adjuster may label you an “eggshell client”. Your injuries may be related to the accident. If you’re fragile to begin with, your claim is not as valuable.

Talk to Experienced Injury Lawyers Today

Signing a medical authorization release form can hurt your accident claim in many ways. If the insurance adjuster is asking you to sign one, protect yourself. Contact an experienced personal injury attorney, before signing a medical authorization release form.

Lutz, Bobo & Telfair, P.A. is a Martindale-Hubbell AV rated law firm. We have over 300 years combined legal experience. We offer free case reviews for auto accident claims. We also handle accident claims on a contingency fee basis. This means we charge no attorney’s fees, unless we settle your claim or win a favorable verdict in court.

To learn more about your legal rights, fill out our free case review form or call us today at 941.951.1800.

"We believe the strength of every case lies in the details. Our role is to prepare strategically, and stand firmly beside each client."

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