As a chiropractor who specializes in the treatment of those who have been involved in auto accidents, I have seen many patients who have been asked to release their medical records to the other driver’s insurance adjuster. This can be a confusing and overwhelming decision for many people, and I often get asked whether it is the right thing to do.
First and foremost, it is important to understand why the other driver’s insurance adjuster is asking for your medical records. They are likely trying to find any pre-existing injuries or conditions that could have contributed to your current injuries. They may also be looking for any gaps in your treatment, which could give them reason to deny your claim or offer a lower settlement.
So, should you release your medical records? The answer is not a simple yes or no. It ultimately depends on your individual situation and the specific request from the insurance adjuster. Here are some factors to consider:
Your rights to privacy
As a patient, you have the right to privacy regarding your medical records. This means that you are not obligated to release your records to anyone without your consent. However, if you are pursuing a claim with the other driver’s insurance company, they may require access to your records in order to properly evaluate your claim.
The scope of the request
It is important to carefully review the request from the insurance adjuster and ensure that they are only asking for records related to the accident. They should not be asking for records that are not relevant to the accident, such as records from a routine physical exam or mental health counseling.
Your medical history
If you have a pre-existing medical condition that is not related to the accident, you may be hesitant to release your records. However, it is important to keep in mind that the insurance adjuster may be able to obtain this information through other means, such as interviewing witnesses or reviewing police reports. It may be in your best interest to release your records to ensure that the adjuster has a complete understanding of your injuries and treatment.
The potential impact on your claim
Releasing your medical records could potentially have an impact on your claim. If there are gaps in your treatment or pre-existing conditions that the insurance adjuster can use to deny or reduce your claim, this could negatively impact your settlement. On the other hand, if your medical records support your claim and show that you have been receiving appropriate treatment for your injuries, this could positively impact your settlement.
Whether or not you should release your medical records to another driver’s insurance adjuster is a complex decision that depends on many individual factors. It is important to carefully review the request, consider your rights to privacy, and weigh the potential impact on your claim. If you are unsure about whether or not to release your records, it may be helpful to consult with an attorney or experienced healthcare provider who can help guide you through the process.
