Why Would an Insurance Company Ask for Your Medical Records After an Accident?

By Jose Ceja
Managing Attorney

When you have been involved in an accident, you may have suffered injuries that result in additional medical bills. You may receive a phone call from an insurance company with which you’re dealing. An insurance adjuster may ask you for your medical records in order to verify the type and severity of injuries that you have suffered. But while this may seem to be reasonable, there could be more to it than just that. Sometimes insurance companies have ulterior motives for requesting your medical records. Here’s what to know. 

The Insurance Company May Have an Ulterior Motive

Sure, it’s reasonable that an insurance company will need to verify your injuries prior to awarding you any money, but it may be requesting this information for multiple purposes. An insurance adjuster who gains access to your medical records is often going to look for past injuries or something in your medical history that can help to explain your injuries or the severity. Ultimately, the goal of the insurance company is to lower the value of your claim or to deny it altogether. They may be looking for an “in” to do just that. 

Speak to an Attorney Before Granting Access

Let’s say that you injured your back in a car accident 6 years ago. An insurance adjuster may attempt to argue that your prior back injury is contributing to your current shoulder injury; the severity of the pain you feel in your shoulder is the result of your original accident rather than the most recent one.  

For this reason, it’s important that you speak with a qualified Texas personal injury attorney before granting insurance adjusters any access to your medical records. A knowledgeable and experienced personal injury attorney will review all of the existing requests that have been made and determine whether this complete access is even necessary (i.e. relevant) to your current claim. If your attorney feels that the requested information is not relevant to your claim, he or she can ask for an explanation as to why it’s needed. Should the attorney agree that the request is reasonable, he or she can actually help you to obtain and admit the requested information. 

When an insurance adjuster requests your medical records, it’s important that you speak with an attorney first. An attorney can review any requests that have been made in order to determine whether the records requested are even relevant to your current claim. 

As unfair as it may be, insurance companies know that they can’t fool a qualified attorney the way that they can try to fool you. That’s why an insurance company will be much less likely to attempt to take advantage of you if you have an attorney. 

You Can Say ‘No’

The insurance company may request that you provide your signature to permit them access to your medical records. However, it’s imperative that you say no to providing your written signature or verbal permission (you will be recorded). It’s wholly within your right to deny access to your medical records. 

The Attorneys at Ceja Law Firm Help Those in Houston Who Have Been Injured in an Accident

At Ceja Law Firm PLLC, we understand the impact that an accident can have on many parts of your life and the importance of properly dealing with an insurance company. That’s why we will work to get you the compensation that you deserve. To learn more or to schedule a free consultation, contact us today!

About the Author
Jose Ceja is the managing attorney of Ceja Law Firm. He has practiced law since 2007 and has devoted his career to the practice of criminal law. Mr. Ceja began his legal career as a felony drug prosecutor, where he prosecuted drug, gang, and violent offenses. Mr. Ceja has first or second chaired almost 100 trials, including murders, drug cases, DWIs, and assaults. In his career as a defense attorney, he has regularly obtained dismissals, not guilty verdicts, and grand jury “no bills” in a wide variety of cases.