The insurance company wants me to sign giving them access to all my medical records should I sign?

Question

I was in an accident where I broke my femur and out of work for 3-4 months total (If everything ok then).

Melvin Franke · Answer

You need to meet with an experienced injury attorney.

Ronald A. Steinberg · Answer

Under Michigan law, you have to sign the form.  When you make an injury claim, your life becomes an open book.  There is a difference, however, between their right to know about stuff from your records, and their ability to use it in court.

Stephen Lombardi · Answer

Sometimes I read these questions and wonder, "Are they seriously trying to do this on their own? I won't try to fix a leaky pipe without  calling  a plumber so what makes a person believe they are smart enough to handle  a  legal case when it takes 7 years to learn to be licensed to practice law and at least 5 years practicing to do it right? If it's Iowa workers' compensation you will have no choice, if you want   benefits. You have what appears to be a serious injury and the resulting benefits can be significant. Go hire a lawyer who understands this area.

John J. Carney · Answer

You should have an attorney handling the case. You will eventually have to turn over all the medical reports but this is something oyu should discuss with a lawyer who is familiar with the facts of your case.

Christian Paul · Answer

Most personal injury attorneys would not advise you to sign such a blanket release.  You would be best advised to visit a local personal injury attorney with every scrap of paper that has anything to do with the injury, treatment, insurance claim, etc., and get his or her take on the matter.    Even if you have to pay for the consultation, it could be money well spent, as you sound like you need protection.  Insurance companies are in the business of making money, not paying it if they can help it.  They want all your medical records for a reason.  This response is based on very limited information and cannot be considered specific legal advice.  Only a full consultation with an attorney can provide a complete answer. No attorney-client relationship is intended or created.  Hope this helps.  Good luck.

Jerry Dunlap · Answer

The basic issue in any accident case is whether or not you sustained injury as a result of the accident.  Accordingly, the insurance carrier requests that you sign a medical authorization and advise them of your medical providers so that they may double check your medical records and history. This is normal operating procedure where you have made a claim to recover for personal injury.

Timothy Howard · Answer

Before handing over the records, I would recommend first speaking with a personal injury attorney.  For an accident with injuries that serious, I suspect there are plenty of attorneys that would handle the case on a contingency basis, meaning you would only pay if and when they settled your case.

Benjamin Deaver · Answer

There are many factors that need to be considered. You should not sign anything until you consult with an attorney.

Mark West · Answer

You should allow them to have access to the medical records related to the accident.  If you had a femur fracture of the same leg in the 10 years before this accident, they would be entitled to know that as well.  They are entitled to a medical history of you pertaining to that part of your body you are claiming injured in this incident.  They are not entitled to a wholesale invasion in to private matters.

Andrew Velonis · Answer

It's the golden rule: "Whoever has the gold makes the rules".  You are making a claim against the insurance company, they want access to your medical records, your employment history and your account at the hardware store. You have no choice.

Kevin Habberfield · Answer

If it is only for medical records, fine but, make sure that is all that it is for. You really should have an attorney helping you with this unless there is a small liability policy at play and they are just going to pay you the limits. Your case has value.

Richard Damon · Answer

If you are not hiring an attorney, probably yes.  Otherwise, attorneys prefer to have the medical records sent to them first, so they can review the records for errors.  Eventually the insurance company has to see the medical record so they can evaluate the case.

Bernard Huff · Answer

You should at least retain and?consult with a personal injury lawyer for  specific legal advice regarding your case, including the medical authorization you have been requested to provide to the insurance company.

Mark Leonardo · Answer

You have a right of privacy to your health history.  Insurance companies/defense attorneys always ask for your entire medical health history and records, but they are only entitled to your health records regarding the area of your body that was injured in the incident giving rise to your claim.  If you had uterine cancer or a broken hand, or torn rotator cuff, what does that have to do with your broken leg?  Nothing.  You can object or obtain a protective order to limit the scope of records produced.  They do not get to go on a fishing expedition unless they can somehow show that it?s causally related or?directly relevant.?  I have successfully fought these on numerous occasions, but it is time-consuming and many plaintiff?s personal injury lawyers are too busy to want to go through the hassle of preventing the production of all of your medical records.  But I fight these because it always seems that they find discrepancies in the medical records if they get them all.  Doctors and nurses make mistaken entries in medical records all the time.  In fact, I don't think I have ever had a case where the records were 100% accurate.  Defendants look for that.  They try to find something contrary from what you testify to in a deposition to show you have either a faulty memory or are lying.  You might say I had a broken right ankle when I was 18, but the records mistakenly say left ankle.  Not a big deal, but if there are 2, or 3 or 4 of these mistakes, if could affect your credibility, even if the records are wrong and you are not.  A jury will likely believe a doctor's records are more accurate than your memory.  So it may be worthwhile if you have a good case to fight a comprehensive production of records.

Paul Whitfield · Answer

When  you make a claim for personal injuries your medical history becomes an open book. They routinely want to see if anything in your past can be a cause of your present problems. You may say of course not. They say: if you don't mind we will check the records and make sure. If they find anything in your past that may relate to this new injury they will argue about it. count on it. for example: an old injury, arthritis, congenital problem etc.

Jon Ward · Answer

You should be very careful about doing that.  You need to decide whether you want to take on the insurance company yourself or if you want help from an attorney.  If you think you might consult with a lawyer, you should not sign anything; your lawyer will obtain the medical records and bills and deal with the insurance company.

Thomas Edward Gates · Answer

If you wish for them to pay your medical costs, you must release those records pertaining to the accident.

Eric Haag · Answer

You don't have to sign the insurance company's authorization, but if you want to recover for your injuries you will need to give them at least some access to your medical records.  That can also be done by having your attorney provide the insurance company with a limited authorization that does not give the company unlimited access to all of your records or permission to speak with your doctors.

James Kelaher · Answer

If it is your own insurance company, then the policy probably requires you to cooperate with them so you need to do that. If it's the insurance company for the person who caused the accident, "just say no" (not just to drugs, but to insurance companies, as well).

Eric Rothstein · Answer

They can't evaluate your claim without your records. You would be better served with a lawyer though. How will you know if any offer is fair?

Tina Fox · Answer

No!! You should not sign w/o having an attorney review it first. The insurance companies want to end your claim quickly for the least amount of money paid out as possible. We will fight to get you a bigger return and we don't get paid until you get paid.

Thomas Bulman · Answer

You can limit how far back(one year is plenty) and only for orthopedic complaints.  Make changes on the form before you sign it.

Find a Lawyer

Ask a Lawyer

Read Legal Articles

Ask a Lawyer

Read Legal Articles

The insurance company wants me to sign giving them access to all my medical records should I sign?

22 ANSWERS

Find Local Personal Injury Lawyers

Helpful Resources

Ask a Lawyer