If the other driver’s insurance company asks you to sign a medical release after a car accident, review the authorization carefully before signing and understand what medical records it allows the insurer to obtain.
Part of the PhillyLegalConnect Quick Answer Series
Simple answers to common accident, insurance, and injury questions affecting Philadelphia, Pennsylvania, South Jersey, and the Jersey Shore.
Quick Answer
Generally, you should not sign a broad medical release from the other driver’s insurance company until you understand exactly what the authorization allows the insurer to obtain.
If you are making an injury claim, the insurance company may reasonably need medical records related to the injuries caused by the accident. But that does not necessarily mean giving the insurer unrestricted access to your entire medical history.
Read the authorization carefully. Pay particular attention to the medical providers, types of records, and time periods it covers. If you are unsure what the release permits, consider having it reviewed before signing.
Key Takeaways
- The other driver’s insurer may need medical information relevant to your injury claim.
- A medical release may authorize access to more information than just treatment related to the accident.
- Check which doctors, records, medical conditions, and dates the authorization covers.
- Do not feel pressured to sign a release immediately simply because an insurance adjuster sent it.
- Keep a copy of every authorization or document you are asked to sign.
Why Is the Insurance Company Asking for a Medical Release?
When you claim that an accident caused an injury, the insurance company will usually want documentation supporting that claim.
Medical records may show:
- when you first sought treatment;
- what injuries were diagnosed;
- what treatment was recommended;
- whether you needed diagnostic testing, physical therapy, injections, surgery, or other care; and
- how your condition progressed after the accident.
That information can help an insurer evaluate an injury claim.
The important issue is not simply whether medical information may be relevant. It is how much information the authorization allows the insurance company to obtain.
Why Should I Be Careful About Signing It?
Not every medical authorization is limited to treatment arising from the accident.
Some releases may contain broad language permitting requests for older medical records, prior injuries, unrelated treatment, or records from providers who did not treat the injuries involved in the claim.
That information could potentially be considered when the insurer evaluates whether your present symptoms resulted from the accident or from an earlier condition.
For example, if you suffered neck pain after a rear-end collision, records concerning treatment for that injury may be relevant. A much broader authorization, however, could potentially reach medical history that has little or nothing to do with the crash.
That is why the language of the release matters.
Does the Insurance Company Have a Right to My Medical Records?
If you are making an injury claim, the insurer may reasonably request medical records relevant to the injuries you are claiming.
That does not necessarily require giving the insurer unrestricted authorization to obtain your entire medical history.
The appropriate scope can depend on the injuries involved, prior medical conditions, the nature of the claim, and the wording of the particular authorization.
What to Do Next
If the other driver’s insurance company sends you a medical release:
- Do not feel pressured to sign it immediately.
- Read the entire authorization before signing anything.
- Look at the providers, records, medical conditions, and dates covered by the release.
- Watch for broad wording such as requests for “all medical records” or an unlimited medical history.
- Keep a copy of the authorization and the correspondence that came with it.
- If you do not understand what you are authorizing, consider having the release reviewed before signing it.
Relevant medical information may need to be provided as part of an injury claim. The important point is to understand exactly what you are authorizing before you sign.
Questions About an Insurance Company Medical Release?
A medical authorization can affect what information an insurance company obtains while evaluating an injury claim. If you have questions about a medical release, your injuries, or your legal options after a Pennsylvania car accident, learn more from The Oakes Firm.
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About PhillyLegalConnect
PhillyLegalConnect was created to help individuals and families better understand accidents, insurance, injury claims, and safety issues affecting Philadelphia, South Jersey, and the Jersey Shore.
Our mission is to explain complicated legal and insurance topics in clear, practical language so readers can make informed decisions after an accident or injury.
About the Author
Thomas G. Oakes has more than four decades of experience working in and around Pennsylvania and New Jersey courtrooms. Throughout his career, he worked with attorneys, judges, and litigation teams, gaining firsthand insight into how accident and injury claims are investigated, documented, and presented.
Today, he serves as editor of PhillyLegalConnect, developing educational resources that help readers better understand accident, insurance, and personal injury topics.
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