Have you been injured in an auto accident? Did you fall in a store and injure your back? Are you receiving medical treatments for your injuries? Are you worried about paying your medical bills and other expenses after an injury that someone else caused?
If you’ve been injured by someone else’s recklessness, you have a right to seek the money you are legally owed for your injuries and losses. The first step to seeking that money requires you to be in communication with the insurance of the person who caused your accident. Their insurance adjuster knows you are anxious and worried, and they may use your medical records to try to minimize your settlement.
Don’t give up your right to the compensation you deserve. Keep reading to find what you should do when an insurance adjuster requests your medical records after a car accident claim in Indianapolis.
Why Does The Insurance Company Need Your Medical Records?
In order to recover the money you are legally owed after you are hurt in a personal injury accident of any type, you must prove the other party is at fault for the accident and you suffered damages. Therefore, it seems logical for the adjuster to request copies of your medical records. The adjuster may tell you that the insurance company simply needs copies of your medical records to “verify” your injuries before paying your accident claim.
However, the adjuster will not explain how the medical release you are signing may grant the insurance company full access to all of your medical records. Any experienced attorney would advise that you should not sign any releases for the insurance company until you meet with an attorney. At The Ken Nunn Law Office, you can get a free case review so you can get the information you need to protect your legal rights.
Will Pre-Existing Medical Conditions Affect An Injury Claim?
The insurance company for the person who caused your injuries hopes to find information in your medical records regarding a pre-existing medical condition or a prior accident.
Pre-existing conditions include injuries or ailments that you faced before the date of the accident. Here are some examples of how pre-existing conditions may be used against your injury claim:
- If you have arthritis, adjusters could argue that your pains are a cause of inflammation rather than accident-related injuries.
- If you have fibromyalgia, adjusters could argue that your muscle injuries existed before the accident and therefore were not caused by the accident.
- If you have suffered a concussion or brain damage in the past, adjusters could argue that your cognitive symptoms are caused by that previous injury.
Remember, you are not required to disclose a pre-existing condition or prior accident when you are negotiating a settlement with an insurance company. Therefore, there is no reason for you to sign a release for a full medical history.
Your attorney will review your medical records and review any request by the adjuster for copies of those medical records. To protect your best interests, your attorney will only release the medical records related to your injury when it is necessary to do so.
What Is an Independent Medical Examination?
An insurance adjuster may also request that you submit to an independent medical examination (IME) as part of the claims process. An IME is conducted by a specific physician hired by the insurance company. It is not in your best interest to submit to an IME because the insurance company’s hired physician often returns an opinion that is favorable for the insurance company.
If an adjuster requests that you submit to an IME, contact an attorney immediately. Do not submit to an IME without first consulting with an experienced attorney who can guide you to take the best steps to protect your rights to maximum compensation.
Call Your Indianapolis Personal Injury Attorney
Contact The Ken Nunn Law Office by filling out our online form or at 1-800-CALL-KEN for a free legal consultation from your trusted personal injury attorney, Ken Nunn. An insurance adjuster is trained and skilled in obtaining information the insurance company may use to decrease your settlement amount. The insurance company is not acting on your behalf regardless of what the adjuster may tell you. You deserve to have someone on your side who understands how insurance companies work to level the playing field.
