If you've been injured in an accident in Southern California as a result of the carelessness and negligence of somebody else, you may receive a letter from that person's insurance company asking you to sign and return an enclosed medical authorization. You're under no legal duty to do so, but if you feel compelled to sign and return that authorization, you'll probably want to talk with us first. Here's why.
Pre-existing conditions
The opposing insurer knows that it's on the hook to pay you damages, but it doesn't know how much it might have to pay. The adjuster assigned to your claim wants to know whether you suffered an injury or medical condition in the past to the same part of your body that your doctors are presently treating. That release is very broadly worded. Given that language, the other side can go as far back as your birth records. If a record of a prior injury or medical condition involving the same part of your body that was injured in the accident is discovered, you'll be considered to be damaged goods. That will prompt the insurer to either offer significantly less than the actual value of your case. When filing injury claims against companies like Nationwide or State Farm, they might even deny your claim in its entirety.
Your treating physicians' notes
If you went to an emergency room after the crash, the emergency room personnel who saw you made certain entries in the hospital record of your subjective and objective symptoms along with their findings and your overall condition. When you followed up with your own doctor a few days later, he or she also made a record of the same information. The opposing insurer will be looking for inconsistencies in your medical records. If any are found, it can attack your credibility when in fact, you're not even the person who made the records.
You're still treating
It might not be until a few months after your accident that the full extent of your injuries and prognosis are determined. There's no reason to provide medical records or even settle your case until such time as you've either completely recovered or reached maximum medical improvement.
Privacy concerns
When you're speaking with an attorney who is representing you, you'll probably discuss highly personal information. That information is protected by the attorney and client privilege. An experienced personal injury lawyer knows what information to disclose to the other side and what information to withhold in the interests of protecting a client's privacy. When you sign and return that broadly worded medical authorization, you're giving up more information than the opposing insurance company is entitled to.
The pressure points
An adjuster might seem to have a friendly demeanor and tell you that everybody else signs off on medical authorizations. That's simply not true. He or she might also tell you that your claim can't be processed without it. That's not true either. No judge is going to give to give that insurance company's attorneys full access to your medical history. You shouldn't give it either.
The adjuster's job
Insurance companies make money by collecting premiums and not paying out on claims. When an adjuster pays little or nothing on a claim, the insurance company sees that as a great job. Once you you sign off on that authorization and return it, you're helping that adjuster do their job. You're under no legal obligation to help the other side.
Your own insurer
If you've made a medical payments coverage claim through your own insurer, or you're processing your claim through your health insurance coverage, you have a duty to cooperate with that insurer. Give it whatever it needs. If both you and the person who hit you are insured by the same insurance company, That's a red flag. See us right away.
