Should I Respond to an Insurance Company Request for Medical Records?
If you were injured in one of the 3,421 car accidents that occur in Alaska every year according to the Department of Transportation and Public Facilities, you probably know that you have legal rights to recover compensation for your losses. The process typically starts by filing a claim with the at-fault driver’s insurance company, so you can expect that the nature of your injuries will be a key factor. As such, it may not seem like an unreasonable request when the claims adjuster asks that you forward your medical records.
However, in some ways, the insurer is setting a trap when requesting your medical records. You may be making a big mistake by providing them, one that could adversely impact your rights. Instead of talking to the claims adjuster about the matter, rely on an Alaska motor vehicle accident lawyer to handle the conversation. The following information explains why.
Reasons an Insurer Wants Your Medical Records
In most cases, the claims adjuster assigned to handle your insurance claim will ask for medical records to serve the company’s interests instead of yours. Your documents may provide grounds for:
- A denial of your claim because your injuries were not serious;
- Offering a low amount to settle your claim, before you incur additional costs for treatment;
- Disputing your credibility through a comparison of your records and your statements;
- Rejecting your claim because your injuries were from a pre-existing condition instead of the accident; or,
- Not allowing your claim for lost income, since your medical records reveal that you had no physical limitations.
Request for an Independent Medical Exam
The insurer will usually have a chance to review your injuries at some point during the claims process, since it is only fair that the company conduct an investigation before paying. You may receive a request to attend an independent medical exam (IME) conducted by a doctor hired by the insurance company. Due to timing concerns, it is important to let your lawyer respond to the request. When you are still receiving treatment, going through recovery, and unable to work, the IME may be premature. These additional losses would not be included in your claim amount.
What to do About a Medical Records Request
To avoid making mistakes that affect your rights, your response to the insurance company should be providing your attorney’s contact information. If you do not have a lawyer, inform the claims adjuster that you will be hiring one. You can also let the insurer know that you are still seeing a doctor, so your medical records are not yet complete.
Your Alaska Personal Injury Lawyer Will Deal with the Insurance Company
Turning over your medical records or providing a blanket release of information to an insurance company at an inappropriate time could put your rights at risk. Instead of trying to work through the claims process on your own, trust our team at Power & Power Law to handle these and other requests by the insurer. For more information on our legal services, please contact our Anchorage, Alaska office to set up a free consultation. After we review your circumstances, we can develop a strategy for getting you the compensation you deserve.