The Truth About Insurance Companies and Your Medical Records
One of the key elements of your Florida personal injury claim is your medical records. You can look at your medical records as a “diary” that can help establish the nature and severity of your injury, your losses, and the impact the injury has had on your life. However, while medical records can help your case, what you might not know is that these records can be used against you. The insurance company might try to find things in your records that they can use to reduce the value of your claim or deny it altogether. Understanding your rights in Florida is vital for your protection.
Why Do Insurance Companies Want Your Medical Records?
It might seem obvious why an insurance company needs your medical records after an accident. However, when dealing with insurance companies, things are not always as they seem. While you might think that the insurance adjuster needs evidence of your accident-related injury, the reality is that many insurers use medical records for a very different reason: to reduce their financial responsibility.
When an adjuster calls you and asks you to sign a medical records release form, you might think that it is just a standard procedure. Unfortunately, while it is supposed to be a standard procedure, some adjusters take this opportunity to dig into your past medical history, looking for anything they can use to minimize or deny your claim.
How Can the Insurance Company Use Your Medical Records Against You?
The insurance company may request access to all your medical records, including past records dating years before your accident. Once the insurance adjuster has this access, they will go through your records and try to find information they can use to;
- Argue that your injuries were pre-existing
- Suggest that you are exaggerating your injury
- Argue that your pain is unrelated to the accident
- Challenge your credibility
- Downplay the seriousness of your injury
For example, suppose you sustained a back injury years ago. In such a case, if you are currently complaining of back pain, the insurance company may argue that your current pain is not related to the accident but is rather a result of your old back injury.
Because of how insurance companies can use your medical records against you, it is important to be careful when signing medical records release forms.
What Are Your Rights Under Florida Law?
When the insurance company calls and asks you to sign a medical records release form, you might wonder whether you are required to give the company unlimited access to your medical records. In Florida, you don’t have to sign a blanket medical release that allows the insurance company to access your entire medical history. You have the right to limit access to only accident-related medical records. An experienced attorney can work with you to ensure you only provide what is necessary.
Contact Us for Legal Help
At The Pendas Law Firm, our Fort Lauderdale personal injury attorneys know the tactics insurance companies use and how to fight back. We can help ensure your rights are protected, your medical records are used fairly, and that you have the best chance of recovering full compensation. Contact us today to schedule a consultation.
The Pendas Law Firm also represents clients in the Ocala, Orlando, Fort Myers, Miami, Jacksonville, Tampa, Bradenton, Daytona Beach, West Palm Beach, Naples, and Melbourne areas.